Year: 2006
Type: article
Abstract: This article proposes general criteria to define when an actor is subject to negligence liability for pure economic loss.As Jane Stapleton has observed, common law courts usually proceed in the field of economic negligence by establishing discrete pockets of liability that are not connected to general principles.'The general principles that courts have proposed to resolve novel claims are not very helpful.The mushy six factor balancing test in Biakanja v. Irving 2 dominates the American landscape.The Commonwealth's leading contender originates in the two-part test sketched by the House of Lords in Ans v. Merton London Borough Council, 3 which imposes liability if there is foreseeability and sufficient proximity between the negligent conduct and the loss but only in the absence of "considerations calling for a limitation of liability."Building on this test, the Canadian Supreme Court has said there is prima facie liability if there is negligence, foreseeability, and "proximity."The concept of proximity serves as a stuff sack to hold such diverse factors as "the relationship between the parties,
Source: bepress Legal Repository
Author: Mark P. Gergen
Institution: University of California, Berkeley
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W148776754