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    Negligence, Economic Loss and the Ambit of the Duty of Care

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    12620449_Todd_Negligence.pdf (956.3Kb)
    Author
    Todd, S.
    Date
    1980
    Permanent Link
    http://hdl.handle.net/10092/3245

    Difficulty in determining the true basis in law for allowing recovery of "pure" economic loss which is not consequential upon any physical damage suffered by a plaintiff has preoccupied the courts in a number of recent decisions.' If A relies on negligent information or advice given directly to him by B the case can simply be tested against the principles first laid down in Hedley Byrne & Co Ltd v Heller & Partners Ltd as appropriate to financial loss caused by misstatements. But what if the information is given to C and he acts in a way which causes loss to B. Or suppose A by his negligent act or omission causes such loss either directly to B or through the instrumentality of C. Can Hedley Byrne apply in any of these cases? If not, can a test of foresight of harm based on Donoghue v Stevenson be applied in the face of long standing judicial reluctance to recognise that decision as of any direct relevance in the sphere of economic harm?

    Subjects
    Fields of Research::390000 Law, Justice and Law Enforcement::390100 Law::390117 Tort law
    Collections
    • Business and Law: Journal Articles [184]
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