20 Generally is not extended to non married couples Gray area domestic partners

20 generally is not extended to non married couples

This preview shows page 20 - 23 out of 48 pages.

20
-Generally, is not extended to non-married couples – Gray area: domestic partners -No consensus on recovery for parents/children – most jurisdictions will allow (usually compensation will not go any further – siblings, etc.) -May be derivative: If Anne was partially responsible for her own injury, then Bob may be able to recover a smaller portion due to loss of her companionship Duty to Avoid Causing Economic Harm -Default Rule: can only recover for economic harm if there is also physical harm suffered-Generally: If there is no physical harm – cannot recover for economic loss-Exception to default rule: negligent misrepresentation by a professional – may be able to recover if you detrimentally relied on negligence of a profession (ex: poorly prepared financial reports cause economic suffering) -Some courts: allow recovery for purely financial losses for a limited class of foreseeable victims-Most courts – still do not allow recovery for purely economic harm 532 Madison Avenue Gourmet Foods v. Finlandia Center-During construction project, the defendant’s office tower partially collapsed resulting in debris and mortar to block the road -As a result, the plaintiffs’ businesses were forced to remain close for 2-5 weeks because customers could not gain access to shops -Plaintiffs allege that they should be able to recover for purely economic loss due to store closures, even though their businesses were not physically damagedHolding: No recovery allowed for economic loss in the absence of physical injury or property damage-Restriction is necessary to avoid exposing defendants to unlimited liability -Foreseeability does not define ability to recover Point: Generally, courts do not allow recovery for purely economic loss, in the absence of personal injury and property damage -Some contractual relationships allow recovery for economic loss-One exception some courts recognize: Commercial fisherman after an oil spill-One argument for this bar on economic recovery – loss to that business is not a loss to society, just transfer payments to another business (FALSE – people spend money where they want to spend their money)-Problem with not compensating for foreseeable harm (even economic): under deterrence for risky behaviorCause in Fact -One element of a negligence claim – did the defendant’s negligence result in the plaintiff’s injury -Is the defendant’s negligence a “but-for cause” of the plaintiff’s injury? 21
-Ask yourself: Is there a way the injury could have still happened without the defendant’s negligence? – If so, there is not But-For Causation and no Causal Link -The negligence does not have to be the only cause or even the most important cause, just has to be A cause of the injury -Lost Chance Recovery – when a doctor fails to conduct the appropriate tests and causes the plaintiff’s lifespanto be shortened, Plaintiff may be able to recover an amount proportional to the % of life lost

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture