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.

No comments:

Post a Comment