RideTheLightnin
Member
q1....for determining whether there is duty of care or not....do we refer to the the "unanimous House of Lords laid down a 3 stage test to decide the issue of duty in cases of pure economic loss"
1. is the injury or loss foreseeable?
2. is there relationship of proximity the parties?
3. is it fair, just and reasonable for duty to be imposed in respect of the particular damage?
this seems very relevant although it doesnt apply in australia......how do we determine if there is a duty of care? there is causation and proximity yes, but even looking at the esanda case im still bedazzled? or do we use the doc > standard of breach > causation > remoteness thing like in a physical loss?
1. is the injury or loss foreseeable?
2. is there relationship of proximity the parties?
3. is it fair, just and reasonable for duty to be imposed in respect of the particular damage?
this seems very relevant although it doesnt apply in australia......how do we determine if there is a duty of care? there is causation and proximity yes, but even looking at the esanda case im still bedazzled? or do we use the doc > standard of breach > causation > remoteness thing like in a physical loss?