1999•University of New South Wales law journalRequires access

The Relevance of Civil Law Doctrines in Australian Courts: Some Examples from Contract and Tort

Martin Vranken

Open publisher page 1 citations

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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What this paper is about

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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Available 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.

Key concepts: Tort, High Court, Project commissioning, Law, Relevance (law), Publishing, Harm, Corporation

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