Liability for Professional Services: The Interface of Contract, Tort and Purely Economic Loss
(2005) Liability for Professional Services: The Interface of Contract, Tort and Purely Economic Loss. Legal Issues in Business 7:pp. 3-9.
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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.
| Item Type: | Journal Article |
|---|---|
| Status: | Published |
| Keywords: | Professional services;liability;tort;negligence;contract;pure economic loss |
| Subjects: | 390000 Law, Justice and Law Enforcement > 390100 Law > 390104 Commercial and Contract Law 390000 Law, Justice and Law Enforcement 390000 Law, Justice and Law Enforcement > 390100 Law 390000 Law, Justice and Law Enforcement > 390100 Law > 390117 Tort Law |
| ID Code: | 5217 |
| Deposited By: | Katter, Norman |
| Deposited On: | 12 October 2006 |
| Alternative Locations: | http://www.cbs.curtin.edu.au/index.cfm?objectid=27A62CAB-CD35-F33E-85169462F914E88B |
| Copyright Owner: | Copyright 2005 School of Business Law, C.U.T. |
| Copyright Statement: | Reproduced in accordance with the copyright policy of the publisher. |