000 02154cam a2200241 4500
001 ABS66471
008 030307n2003 000 0 eng u
035 _a(Sirsi) u121573
100 _aThornton, A.
245 _aDead men tell no tales
260 _c2003
490 _aBuilding
_v258(8271) 21 February 2003, 56-57(2)
520 _aExamines 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.
590 _aABS
650 _aFAIRCHILD V GLENHAVEN FUNERAL SERVICES LTD AND OTHERS
650 _aALBRIGHT AND WILSON UK LTD V BIACHEM LTD AND OTHERS
650 _aSOUTH AUSTRALIA ASSET MANAGEMENT CORPORATION V YORK MONTAGUE LTD
650 _aCAUSATION
650 _aPROFESSIONAL NEGLIGENCE
690 _aPROFESSIONAL PRACTICE-NEGLIGENCE-CASE LAW
856 _uhttps://www.publications.parliament.uk/pa/ld199697/ldjudgmt/ldjudgmt.htm
_zView judgments on HL website....
942 _n0
999 _c72268
_d72268