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Tort Pure Economic

Tort Ireland pure economic loss

QuestionAnswer
What is pure econimic loss? Purely FINANCIAL loss INDEPENDENT OF or in the ABSENCE OF DAMAGE done to the property or VICTIM.
Is loss of income to family of deceased purely economic loss? Yes: injury done to the deceased not the family.
In Spartan Steel and Alloys Ltd v Martin & Co Contractors Ltd how was pure economic loss distinguished from direct loss? Loss production steel due electricity damaged plant recoverable but loss of business not
Is loss of market valuation due to negligence of architect - purely economic loss? Yes:
Is loss of production due to interrupted electricity supply - pure economic loss? Yes:
What is the rationale for not recognising pure economic loss in English law? 1) fear of floodgates of claims 2) remedy for poor quality should lie in contract law
What is the primary irish case outlining the Irish position on pure economic loss? McShane Wholesale fruit and Vegetables Ltd v Johnston Haulage Co Ltd [1997]
In McShane Wholesale what way does the Irish approach to pure economic loss differ from the UK approach? Pure economic loss not a strict category in Ireland -may recover if 1) proximity 2) forseeability and 3) no public policy reason against award
In Glencar Explorations v Mayo Co Council it was stated that pure economic loss was recoverable in at least 2 situations in Ireland- what were they? 1) Negligent mistatement 2) where statutory obligation Siney -fit habitation and cost of rectifying builder defect Ward & McMaster
What did Glencar identify as the legal debate on pure economic loss in Ireland in the future? Whether pure economic loss will be confined to categories such as negligent mistatement or statutory obligation or whether the principled approach of proximity, forseeability and public policy will suffice.
Created by: Solomon
 

 



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