Dead men tell no tales
Series: Building ; 258(8271) 21 February 2003, 56-57(2)Publication details: 2003Subject(s): Online resources: Summary: Examines three separate cases showing how courts are changing their approach to causation, duty and loss. In "Fairchild v Glenhaven Funeral Services" (HL Abs65719) where exposure to asbestos with two employers had led to mesothelioma and the claimant successfully recovered damages from one employer (as only one was solvent). Both employers were in breach of duty as the disease was life threatening. In "Albright and Wilson UK Ltd v Biachem Ltd and others" ([2002] UKHL 37, [2002] 2 All ER (Comm) 753) the claimant's fluid plant suffered an explosion caused by the accidental mixing of sodium chlorite with phosphates. This was caused by a delivery error at the same works. The claimant brought action against the chemical suppliers for breach of contract. CA found against both defendants, but HL held that only one supplier had fallen short of their contractual obligation to provide accurately labelled chemicals. In "South Australia Asset Management Corporation v York Montague Ltd" (HL, Abs55622) valuers were held liable for negligent overvaluations but not for losses resulting from the 1991 property crash. Professionals can only be held responsible for losses which fall within their area of duty and their liability does not extend to all foreseeable losses. View judgments at www.publications.parliament.uk.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS66471 (Browse shelf(Opens below)) | 1 | Available | 121573-1001 |
Examines three separate cases showing how courts are changing their approach to causation, duty and loss. In "Fairchild v Glenhaven Funeral Services" (HL Abs65719) where exposure to asbestos with two employers had led to mesothelioma and the claimant successfully recovered damages from one employer (as only one was solvent). Both employers were in breach of duty as the disease was life threatening. In "Albright and Wilson UK Ltd v Biachem Ltd and others" ([2002] UKHL 37, [2002] 2 All ER (Comm) 753) the claimant's fluid plant suffered an explosion caused by the accidental mixing of sodium chlorite with phosphates. This was caused by a delivery error at the same works. The claimant brought action against the chemical suppliers for breach of contract. CA found against both defendants, but HL held that only one supplier had fallen short of their contractual obligation to provide accurately labelled chemicals. In "South Australia Asset Management Corporation v York Montague Ltd" (HL, Abs55622) valuers were held liable for negligent overvaluations but not for losses resulting from the 1991 property crash. Professionals can only be held responsible for losses which fall within their area of duty and their liability does not extend to all foreseeable losses. View judgments at www.publications.parliament.uk.