Reconceiving Proximity in the Duty to Avoid Causing Pure Economic Loss - Should the Plaintiff have Protected Himself Through Contract?

Publications

Publications
Reconceiving Proximity in the Duty to Avoid Causing Pure Economic Loss – Should the Plaintiff have Protected Himself Through Contract?

Reconceiving Proximity in the Duty to Avoid Causing Pure Economic Loss – Should the Plaintiff have Protected Himself Through Contract?

Year of Publication: 2021

Month of Publication: 9

Author(s): Justin Tan

Research Area(s): Tort

Journal Name: Singapore Academy of Law Journal

Volume Number: 33

Abstract:

Proximity defined as “closeness/directness in the plaintiff-defendant relationship” is unhelpful in pure economic loss cases. This article argues for reconceiving proximity in pure economic loss cases in the form of the question: “should the plaintiff have protected himself through contract?” If the answer is yes, proximity is absent and no duty arises. If the answer is no, proximity is present, and a duty arises unless policy negatives it.