pure ecomomic loss Flashcards
1
Q
is economic loss recorveble
A
no unless there is an negligent misstatement and special relationship
2
Q
the case that defines pure eco loss
A
(Spartan v Martin)
3
Q
duty of care for pure eco loss
A
the negligant misstament in capro v Dickman is modifed and the cpurt must use special relationship test.
4
Q
1st test duty of care
A
special skill (Mutual Life v Evatt)
5
Q
2nd test DOC
A
Must rely on the statement to his detriment (Yianni v Evans)
6
Q
3rd test DOC
A
Reliance must be reasonable (McNaughton v Hicks)
7
Q
4th Test DOC
A
advice must be made to know the purpose to the advisor (Caparo v Dickman)
8
Q
5th Test DOC
A
if the advice is being passed onto a third party D must know (Caparo v Dickman)
