Test Your Understanding of Liability for Professional Negligence and Pure Econom...

Liability for Professional Negligence and Pure Economic Loss

• The economic loss rule restricts recovery of damages for pure financial losses without antecedent harm to the plaintiff’s person or property, and is a common rationale for restricting liability.

• Pure economic losses result from interdependence of relationships and interests in the broader economy, and there are four distinct types: ricochet loss, transferred loss, closure of public services and infrastructure, and reliance upon flawed information or professional services.

• Liability for pure economic loss varies among European jurisdictions, with no common approach.

• Professional negligence refers to the failure of a professional to exercise reasonable care and skill in the provision of their services, and is important for legal recourse and maintaining high standards of professionalism.

• Different doctrinal explanations for and against recovery for pure economic loss exist, with some arguing that such losses are difficult to foresee and expose plaintiffs to excessive liability.

• Liability for pure economic loss should distinguish between private losses that generate a corresponding social loss and those that do not, and aim to address socially relevant externalities.

• Pure economic losses are not insurable, but companies can still be sued for this type of loss, and liability is non-transferable.

• In Canada, liability for pure economic loss revolves around common questions of fact and policy issues raised by each area of law, with five categories of liability.

• English and Canadian law on liability for pure economic loss are not fundamentally different, and both courts have denied plaintiffs recovery of damages where the identity of the potential claimant is not reasonably foreseeable.

• South African courts have accepted that damages are claimable for pure economic loss, and blanket exclusion of liability for pure economic loss was abolished.

• The policy considerations that should weigh in favor of imposing liability in each case are less clear in South African case law on pure economic loss.

• A claim for pure economic loss calls for a different approach to the element of wrongfulness, and the imposition of liability depends on the existence of a legal duty.Professional Negligence and Liability in South Africa

• Conduct causing pure economic loss is only wrongful and actionable if public or legal policy considerations require legal liability.

• The Supreme Court of Appeal in South Africa identified policy considerations for imposing liability for pure economic loss, including indeterminate liability, privity of contract, additional burden on defendant, and legal duty to prevent loss.

• Liability for pure economic loss is not insurable due to the difficulty in quantifying the risk and implementing loss prevention measures.

• Professional negligence in South Africa is governed by common law and statutory law, based on the principles of duty of care, breach of duty, causation, and damages.

• Certain professions are regulated by professional bodies with their own codes of conduct and disciplinary procedures for professional negligence.

• Elements of professional negligence include duty of care, breach of duty, harm, foreseeability, and causation.

• Examples of professional negligence in South Africa include medical malpractice, legal malpractice, and accounting malpractice.

• Legal claims for medical mistakes are on the rise in South Africa.

• Action against a legal practitioner for professional negligence should be based on the contract between the client and the legal practitioner.

• A legal practitioner will be guilty of negligence if they lack the necessary skill, care, and diligence, and this causes harm to their client.

• The existence of a contractual relationship between the legal practitioner and the client must be proved before the court.

• If the client fails to prove the existence of a contract, a claim in delict may be made in the alternative, with the need to prove all elements of delict including conduct, damage, causation, negligence, and wrongfulness.Professional Negligence: Overview, Types, and Defences

• Professional negligence is a breach of duty of care by a professional, causing harm or loss to their client.

• The duty of care is a legal obligation that professionals owe to their clients to exercise reasonable care, skill, and diligence.

• Professional negligence claims can arise in various fields, including medical, legal, accounting, engineering, and architecture.

• The elements required to prove professional negligence are: duty of care, breach of duty, causation, and damages.

• Defences to professional negligence include contributory negligence, voluntary assumption of risk, and professional judgment.

• Pure economic loss is a type of loss that arises from a financial harm without physical damage or injury, and it is often excluded from liability insurance policies.

• Professional indemnity insurance provides coverage for pure economic loss, but it varies depending on the market and the type of policy.

• The prevention of professional negligence requires better training, supervision, and regulation of professionals.

• The consequences of professional negligence can be severe, including financial loss, reputational damage, and legal liability.

• The types of professional negligence cases include medical malpractice, legal malpractice, accounting malpractice, and engineering malpractice.

• The standard of care required for professionals may vary depending on the complexity of the task, the level of expertise, and the industry standards.

• The development of technology and AI poses new challenges and opportunities for professional negligence, as well as the need for ethical and legal frameworks to ensure accountability and responsibility.