Tort: Special Cases Flashcards
Is there a ‘Good Samaritan’ law in England?
No, there is no duty for failing to act, EG: If you see someone struggling to swim, you have no duty to help.
What happens if you do help, but something goes wrong and you cause harm?
You may be found negligible.
What is pure economic loss?
When loss is only of financial manner, EG: If your car gets written off as a result of crash, this is not pure economic loss as it stems from physical property damage.
Is it possible to claim for pure economic loss?
Yes, but very hard unless you have a contract.
Give an example of pure economic loss?
WELLER V FOOT AND MOUTH RESEARCH INSTITUTE ( 1966 ). In this case researchers caused a outbreak, that killed cattle, this meant auctioneers couldn’t make sales so lost out. But the loss was purely economic and was not recoverable.
What if pure economic loss comes from the ownership of defective structures?
It is the same. MURPHY V BRENTWOOD DISTRICT COUNCIL ( 1990 ). House was built in defective foundations causing a loss of £35,000. No duty of care found.
How can you claim for pure economic loss?
If there is a special relationship, for example between a solicitor and the beneficiary of a will.
Give an example of a case with a special relationship?
ROSS V CAUNTERS ( 1980 ). The solicitor sent a will to sign, but failed to advise it couldn’t be witnessed by the spouse of beneficiary. When the client died the beneficiary was unable to claim will. Because of the special relationship, there was a duty of care.
Can you claim for pure economic loss as a result of negligent statement?
Yes it is possible.
What case made this possible?
HEDLEY BYRNE & Co LTD V HELLER ( 1964 ).
What are the requirements for a claim to be made on the basis of negligent statement?
> D knee the statement would be communicated to C.
The advice given was in specific connection to a transaction.
D reasonably anticipated that the claimant was likely to rely on statement, without seeking further independent advice.
What is the purpose of a disclaimer?
It can exclude liability.
When is a disclaimer invalid?
If it causes death, personal injury or is invalid under UNFAIR CONTRACT TERMS ACT 1977.
