Date: Thu, 16 Jun 2005 09:08:42 -0400

From: Nick McBride

Subject: Esser v. Brown

Dear Jason,

Very interesting. In support of the dissent, my textbook on tort analyses Ministry of Housing v Sharp [1970] 2 QB 223 (negligent destruction of claimant's charge over land by failing to inform purchaser of land of existence of charge) as being a property damage/destruction case (see McBride & Bagshaw, Tort Law, 2nd ed (2005), 115-6). Of course, everywhere else Sharp is treated as a pure economic loss case and an anomalous exception to the normal requirement of Hedley Byrne proximity before a claim can be brought for pure economic loss in negligence.

Best wishes,

Nick McBride
Pembroke College
Cambridge

<<<< Previous Message  ~  Index  ~  Next Message >>>>>