Monday, October 21, 2013
Ralph Lauren Womens UK value of the structure
Laws1114 lecture 5
The plaintiff suffers economic loss that is consequent upon damage to
property but the plaintiff has no proprietary or possessory interest in
that damaged property.
As a consequence of this damage to a third party's property, the
plaintiff claims to have suffered some form of financial loss.
This type of loss is sometimes referred to as 'relational economic loss'
because it arises out of the economic relationship between the
plaintiff and the property of the third party.
The week 6 lecture analyses the common law principles governing
liability for economic loss suffered as a consequence of a negligent
misstatement.
Government providing documents about potential redevelopment of landtwo
party cases:Direct dealings between plaintiff and defendant
The influential 'barwick' formulation(Or test) (More Here)
Three party cases:Indirect relationships between the plaintiff and
defendanta negligently designed or constructed building can cause
personal injury or damage to property.Builders, architects and engineers
owe a duty of care to any person who might reasonably be expected to
suffer physical damage, that is personal injury and damage to property
other than the defective structure as a consequence of their negligent
work:Voli v inglewood shire council(1963)110 CLR 74.
This case is not an example of economic loss!
When we have a situation where an architect is negligent resulting in
actual physical and personal injury(Or property damage), a duty of care
is owed.
Defects in the construction or design of a building can also bring about
economic loss.This economic loss is Click here
'pure' in the sense that it is not consequent upon physical harm.
It arises because there is a defect in the building and consists of the
cost of rectifying the defect or the diminution in value of the
structure due to the defect.
So basically, any defective structures that lead to personal injury or
property damage does not come under economic loss.An example of a 'pure
economic loss' example would be when the value for the property falls
because of the defect.
A duty of care would impair commercial freedom(Autonomy)?A duty of care
could conflict with contractual risk allocations?
The courts are careful not to interfere with the contractual risk
Does the plaintiff have any alternative means Ralph Lauren Womens UK of self protection?
The new polo ralph lauren
traditional exclusionary rule
The traditional exclusionary rule:A plaintiff cannot recover economic
loss consequent upon damage to property unless the plaintiff had a
proprietary or possessory interest in that property.
Origins of the rule:Cattle v the stockton waterworks company(1875)Lr qb
453
Stockton waterworks, the defendant waterworks company,(Under their
act)Laid down one of their mains along and under a
turnpike(Toll)Road,(Made under another act)Which declared the soil to be
in the owners of the adjoining land, subject only to the right to use
and maintain the road.
Knight was owner of land on both sides, at a spot where the road was
carried across a valley on an embankment, and wanting to connect his
land on either side, knight employed cattle, the plaintiff, to make a
tunnel under the road.
In doing the work, it was discovered that there was a leak in the
defendant's main water pipe higher up the road, and on the plaintiff
digging out the earth, the water from the leak flowed down upon the work
and delayed it, so as to cause pecuniary damage to the plaintiff, for
which he brought an action against defendants.
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