High Court Wellington
20 November; 8 December 1989
Tipping J
20 November; 8 December 1989
Tipping J
Tort — Negligence — Duty of care — Breach of duty — Foreseeability — Economic loss — Failure of electricity supply — Defendant's driver negligently hit a power pole cutting off power supply to plaintiff's adjoining factory and, because of unusual circumstances, causing a fire — Plaintiff sued for damage caused by the fire and for loss of production which was not attributable to the fire but resulted from the power cut — Whether defendant owed plaintiff a duty of care — Whether defendant was in breach of that duty — Whether fire was foreseeable — Whether power cut was foreseeable — Whether defendant was liable for stand alone economic loss caused by power cut.
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