QUT ePrints

Liability for Professional Services: The Interface of Contract, Tort and Purely Economic Loss

Katter, Norman A. (2005) Liability for Professional Services: The Interface of Contract, Tort and Purely Economic Loss. Legal Issues in Business, 7, pp. 3-9.

Abstract

The decision in the High Court of Australia in Woolcock Street Investments Pty Ltd v CDG Pty Ltd while per se of particular interest to the construction industry, raises more fundamental issues of the relationship between contract and tort where the claim is for purely economic loss. In essence the decision poses the question whether in certain circumstances, where a claim is for purely economic loss, our two great "branches of the law of obligations" are independent or is tort subservient to the law of contract? The suggestion in this article is that in certain circumstances of purely economic loss, policy rather than principle underpins the common law’s denial of a tort action due to the presence of rights, or potential rights in contract.

Impact and interest:

Citation countsare sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

Full-text downloads:

1,760 since deposited on 12 Oct 2006
397 in the past twelve months

Full-text downloadsdisplays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.

ID Code: 5217
Item Type: Journal Article
Additional URLs:
Keywords: Professional services, liability, tort, negligence, contract, pure economic loss
ISSN: 1442-911X
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Copyright Owner: Copyright 2005 School of Business Law, C.U.T.
Copyright Statement: Reproduced in accordance with the copyright policy of the publisher.
Deposited On: 12 Oct 2006
Last Modified: 05 Jan 2011 23:28

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page