Negligence- Pure Economic Loss Flashcards
What is purely economic loss
Economic/financial loss not caused by personal injury/property damage
What 3 cases are used for pure economic loss
Spartan steel v martin
Hedley Byrne v heller
Caparo v dickman
What does the case of spartan steel v martin say about PEL
There is No duty of care in relation to PEL resulting from negligent acts
What does the case of hedley Byrne v heller say about PEL
Only establish liability in PEL for negligence when there’s a negligent misstatement made by the D in the course of a special relationship which caused the PEL
Whats the 1st aspect that needs to be proven for special relationship to be proved as stated in the case of caparo v dickman
The Person giving the advice possesses/purports to posses a special skill/certain expertise
Whats the second element that needs to be proven for special relationships
The person giving the advice knows its being required for the purpose described at the time to the C, and will be relied upon
Whats the 3rd element that needs to be proven for special relationships
C does reasonably rely upon statement