Hard2 marksMultiple Choice
ACCA · Question 07 · Corporate and Business Law
SteelForge PLC manufactures industrial turbines. Due to a negligent manufacturing defect, a turbine explodes at a client's factory, causing physical damage to the factory and halting production for a month, resulting in £500,000 of lost profits. Under the tort of negligence, what type of loss is the £500,000 lost profit considered, and is it recoverable?
SteelForge PLC manufactures industrial turbines. Due to a negligent manufacturing defect, a turbine explodes at a client's factory, causing physical damage to the factory and halting production for a month, resulting in £500,000 of lost profits. Under the tort of negligence, what type of loss is the £500,000 lost profit considered, and is it recoverable?
Answer options:
A.
It is pure economic loss and is generally recoverable.
B.
It is pure economic loss and is generally unrecoverable.
C.
It is consequential economic loss and is generally recoverable.
D.
It is consequential economic loss and is generally unrecoverable.
How to approach this question
Distinguish between pure economic loss (usually unrecoverable in tort) and economic loss consequential to physical damage (recoverable).
Full Answer
C.It is consequential economic loss and is generally recoverable.✓ Correct
In the tort of negligence, 'pure economic loss' (financial loss without physical injury or property damage) is generally not recoverable. However, if the financial loss (lost profits) is a direct consequence of physical damage to the claimant's property (the factory), it is termed 'consequential economic loss' and is recoverable, as established in Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd.
Common mistakes
Confusing pure economic loss with consequential economic loss.
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