The Relevance of Civil Law Doctrines in Australian Courts: Some Examples from Contract and Tort
Martin Vranken
Abstract
Martin Vranken
Abstract
The Australian High Court in the case of Hill v Van Erp and in the case of Esanda Finance Corporation v Peat Manvick Hungerfords, confirms a reluctance to accept the basic proposition that the nature of the harm ought to be irrelevant in deciding negligence claims. Instead, the High Court clearly prefers to adhere to a piecemeal, one-step-at-a-time approach to compensation for pure economic loss.
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The Australian High Court in the case of Hill v Van Erp and in the case of Esanda Finance Corporation v Peat Manvick Hungerfords, confirms a reluctance to accept the basic proposition that the nature of the harm ought to be irrelevant in deciding negligence claims. Instead, the High Court clearly prefers to adhere to a piecemeal, one-step-at-a-time approach to compensation for pure economic loss.
Key concepts: Tort, High Court, Project commissioning, Law, Relevance (law), Publishing, Harm, Corporation