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#law #negligence #pel #tort
A good example of pure economic loss of this type arose in Spartan Steel (at 5.3). As a result of the electricity being cut off, the factory was not able to operate for some time. In addition to the loss suffered in respect of the metal damaged at the time, the plaintiffs also tried to claim that during the period of shutdown they could have made further profit from processing four further ‘melts’. This loss was held to be irrecoverable. It was purely financial loss which did not result from any damage to the plaintiff’s property. Lord Denning pointed out that the plaintiff could have worked harder once the power was restored or that they could have had their own generator or insurance to cover such occurrences. Therefore, for policy reasons, the action failed on this head of the claim.
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