To the extent there may be a duty to supply meat fit for human consumption, it does not extend to the franchisees» damages
for pure economic loss at issue here.
(4) Did the motion judge err in finding that damages
for pure economic loss are recoverable in this case?
Against this background Lord Hoffmann thought it would be «an extraordinary step suddenly to extend the old tort of conversion to impose strict liability
for pure economic loss on receivers who were appointed and acted in good faith».
The Court noted that this was a claim
for pure economic loss and, therefore, the Respondent had to show more than foreseeability to make out the claim.
«I don't suggest expanding the scope of tort law (ie — compensation to victims struck by lightening, or compensation
for pure economic loss etc.) I simply suggest that those who the law says ought to be compensated actually be compensated.»
Lesotho asserted that the investors could have pursued either a tortious claim
for pure economic loss (known as an «Aquilian» action) or a public law claim, but had not done so.
The Manitoba Court of Appeal has held that a defendants» motion for summary judgment should be dismissed, rejecting their argument that claims
for pure economic loss for patent defects that are not imminently dangerous should not proceed to trial.
A proposed class action against Whirlpool Canada LP was a «product liability claim
for pure economic losses for an allegedly negligently designed non-dangerous product» that disclosed no plain and obvious cause of action, an Ontario court ruled.
Not exact matches
Justice Gleeson saw the claim
for costs of raising and maintaining the child as a claim
for a novel form of
pure economic loss arising because a parent - child relationship had come into existence [26]- [27].