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Of Precedent, Theory And Practice: The Case For A Return To Anns, Andrew Boon Leong Phang, Cheng Lim Saw, Gary Kok Yew Chan

Cheng L Saw

The English position with respect to duty of care in the context of recovery for pure economic loss is clear and is firmly set against recovery, as stated in the leading decision of the House of Lords in Murphy v. Brentwood District Council. The decisions of the House have long had an important-even decisive-impact on the common law landscape across the Commonwealth. However, this is one of the rare situations where there have been departures in the Commonwealth from the established English position. These departures have, nevertheless, been by no means uniform. Yet, one common theme that unifies these approaches …