Third Party Prop Damage/Injury

Question 0

Perre v Apand

Answer 0

Proximity not main test, rather salient features to be considered.

Reasonable foreseeability
Indeterminacy of liability
Burden on commercial activity
Vulnerability
Knowledge of harm of partic plaintiff

Question 1

Caltex v The Dredge

Answer 1

Knowledge or means of knowledge that particular plaintiff, not just general class, will suffer reasonably foreseeable loss

Question 2

Baker v Bolton

Answer 2

Death of human can’t be injury

Question 3

Barclay v Penburthy

Answer 3

PEL can be recovered for injuries if sufficient knowledge, other salient features. Not for death though