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torts assignment
JURD7161 - Torts
2 Found helpful • 8 Pages • Essays / Projects • Year: Pre-2021
Introduction Pure economic loss is something that has troubled courts and lawmakers for decades. The question of whether a duty of care arises in a novel fact situation involving pure economic loss has always been difficult to answer. The progression from the exclusionary rule1, Anns two-tiered test2 through to proximity3 and now the smothering fog that presents itself, demonstrates the dynamic and complex nature of this area of the law. Perre v. Apand4 is the most recent and important decision of the High Court. The settlement of pure economic loss in novel fact situations needs to be made. The judgments of McHugh and Kirby JJ deserve special attention in discovering the conceptual framework to be taken into future novel fact cases.
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