Overview If the only loss incurred as a consequence of a negligent act (as opposed to a negligent statement) is economic, then, unless there is a contract, there is usually no right of compensation. This is the principle that there is generally no right of recovery for so-called pure economic loss. An example of so-called “pure” (or, more accurately, purely) […]
Negligence and Economic Loss The courts have been traditionally reluctant to grant compensation for pure economic loss. The courts have sought to limit liability for so-called pure economic loss. This is economic loss which does not follow from property loss or personal injury. Recovery for economic loss arising from deliberate and reckless acts is and has been allowed in some […]
Overview Professional negligence is negligence in the course of a professional service or advice. Professional services may include medical, legal, accounting and similar services. Traditionally, professions were regarded as services which involved so-called intellectual work, typically carrying ethical duties to the client and the community, accompanied by social status. It is also said to include manual work where the intellectual […]
Valuer Property Crash In Brownrigg v Leacy [2013] IEHC 434 a farmer had obtained valuations of this property when intending to purchase an adjoining farm and sell some of his own land to purchase the same. The valuations overestimated the value of the property significantly. This became particularly acute in the context of the economic crash of 2007- 2012. “The […]
Contact and Third Parties At one time, a solicitor’s duty to his client was determined only by the terms of the retainer, i.e. the contract between them. However, it is now firmly established that a solicitor owes a duty of care in negligence both to his clients and also to third parties within the scope of the “neighbour” / proximity […]
Basis of Claim Medical negligence claims may be based on principles of negligence or principles of battery/trespass to the person. In the case of negligence, the ordinary principles apply. The doctor must owe a duty of care which has been breached and thereby causes personal and other injuries. Trespass is based on different principles. A claim in trespass is based […]
Basic Principles A medical professional must meet the standards of reasonable and competent members of the profession. He or she will not be liable just because the treatment does not succeed. In many cases, there may be differences of opinion as to what is the appropriate treatment. The law accepts that professions may apply their own standards provided they are […]