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Tort Pure Economic
Tort Ireland pure economic loss
| Question | Answer |
|---|---|
| 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. |