LAW1113 Lecture Notes - Lecture 8: Esso Australia, Clayton Utz
Document Summary
Topic 8: neglige(cid:374)ce (cid:894)doc pure eco(cid:374)o(cid:373)ic loss(cid:895) Perre v apand pty ltd: facts: d negligently supplied infected potato seeds to potato farmer (s), who then proceeded to grow a diseased crop of potatoes. Vulnerability could p"s have taken measures to protect themselves? (no. Indeterminate liability unknown number of people affected (no doc) Contractual regime chain of contracts linking the parties in the case (no. Reliance by the plaintiff on the defendant, and the undertaking of responsibility by the defendant (doc) Breach of contract with, or undertaking to, a third party. A duty of care was owed here because: Recognising a duty of care to beneficiaries would not give rise to indeterminate liability; Recognising a duty of care would not interfere with the defendant"s economic freedom; Recognising a duty of care would not undermine any other area of law; The solicitor accepts responsibility for preparing the will correctly; The client and intended beneficiaries place reliance on the solicitor;
