LLB102 Lecture Notes - Lecture 6: Swather, The Motor
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What is it: not physical damage to self or property, not consequential i. e. as a direct result of physical damage. "economic loss that is not consequential upon physical damage to person or property" (marsh v baxter: marsh was an organic farmer. Baxter harvested his canola by swathing and some was blown into marsh"s paddocks. Marsh lost organic certificate and had to sell produce at lower prices. Bridge scenario: julie had personal injury and damage to car, physical damages - consequential el, compensated through established duty of care, rolo"s business was cut off because of bridge, economic loss due to business failure, pure economic loss. Pel - resulting from damage to the property of another (relational loss) Caltex oil v the dredge "willemstad: first case to acknowledge something more than reasonable foreseeability was required to allow recovery in pel, case. "defendant had knowledge of plaintiff individually" (gibbs &
