2023년 2월 20일 월요일

Explain negligence claims for pure economic loss arising from either a negligent act or misstatement under English tort law.

Under English tort law, a claim for negligence arises where a person has breached their duty of care and caused damage to another person as a result. Generally, a person is only liable for the direct physical harm caused by their negligence. However, in some circumstances, a person may be liable for pure economic loss arising from either a negligent act or misstatement. Negligent act: In cases where the negligent act itself causes physical damage or personal injury, a person may also suffer economic loss as a result. For example, if a building contractor negligently constructs a building and as a result the building collapses, the owner of the building may suffer economic loss, such as loss of rent or the cost of repairs. In such cases, the owner may be able to claim compensation for pure economic loss. Misstatement: A person may also be liable for pure economic loss arising from a negligent misstatement. A negligent misstatement is a statement made by a person who owes a duty of care to another person, which is incorrect and causes economic loss to the recipient of the statement. The duty of care may arise from a contractual relationship, a professional relationship or the assumption of responsibility by the maker of the statement. For example, if an accountant negligently provides incorrect financial advice to a client and as a result, the client suffers economic loss, such as a loss of profits, the client may be able to claim compensation for pure economic loss. To succeed in a claim for pure economic loss arising from either a negligent act or misstatement, the claimant must prove that the defendant owed them a duty of care, breached that duty, and that the breach caused the economic loss suffered by the claimant. In addition, the claimant must show that the loss was foreseeable and not too remote. The court will also consider whether any policy reasons exist for restricting or limiting the availability of such claims.

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