• March 21st, 2016

Tort Law – Marsh v Baxter [2015] WASCA 169

Paper, Order, or Assignment Requirements

For this question you will need to access the case of Marsh v Baxter [2015] WASCA 169.

1. At para [308] McLure P mentions that the scope of liability for pure economic loss is narrower than that for negligently caused physical damage and that one of those reasons is the prospect of ‘indeterminate liability’. Was there any prospect of indeterminate liability should Baxter be found to owe a duty of care to the Marshes? Give a reason for your answer?

2. Briefly explain how the NASAA contract to which the Marshes were a party affected the duty of care question.

3. Do you agree with the co-majority judgment that Baxter owed no duty of care to the appellants? Give reasons for your answer.

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