Coggle requires JavaScript to display documents.
Pure Economic Loss (Exceptions to exclusionary rule (Joint Ventures (CNR V…
Pure Economic Loss (Exceptions to exclusionary rule , Perre v Apand - potato seeds planted (infected), had not been certified, defendant knew of regulations, ban on imports of potatoes into lucrative WA market if they came within 20 km oof wilt for 5 years - loss of profit - no physical damage, but recovery allowed , Retreat from Exclusionary Rule , Recovery allowed where Special knowledge , Exclusionary Rule - no recovery where plaintiff does not suffer personal or property damage , SC attitude to Pure Economic Loss - less worthy a claim than person or property damage, indeterminate liability, burden should rest with plaintiff who is best placed to anticipate loss, contract should determine loss , Irish Case law , no physical or property damage to plaintiff (consequential loss), Custom and Excise v Barclays Bank - plaintiff sought and obtained injunction (to freeze accounts) - bank did not freeze accounts - customer emptied account - sued for loss - no recovery - bank had not voluntarily assumed risk, no duty to stop customer taking his own money out )