LAW1113 Lecture Notes - Lecture 6: 8 Mm Video Format, World Of A Song Of Ice And Fire, Nervous Shock In English Law
4 Nov 2018
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Week 6 - two special duty situations: purely economic. Legitimate competition could be interfered with: difficulty in determining in advance how much is liable, eg. Nb - in each case, reasonable foreseeability is necessary. Salient features in the case: did the plaintiffs belong to an indeterminate class or an ascertainable class, courts refused for a long time in respect of pure economic harm, one of the reasons bc damage may be indeterminate. If the range of potential plaintiffs then the court would be unlikely to find a duty of care. In this case it was entirely ascertainable: only the potato growers within the range of 20km. In this case the defendant was in control: the planting of the seeds was done for the betterment of the defendant on. If the defendant and plaintiff are in competition then the court is less likely to find a duty of care. In this case they were not in competition.
