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pure economic lossper quod servitium amisitdeath baker v bolton
Barclay v Penberthy
Barclay v Penberthy [2012] HCA 40; (2012) 246 CLR 258
Key Principle
An employer may recover from a tortfeasor for pure economic loss consequent on negligent injury to its employees, and the antiquated action per quod servitium amisit survives in Australia; but the rule in Baker v Bolton (that the death of a person creates no cause of action) remains part of Australian common law, barring recovery for losses flowing from an employee's death.
Area of Law
company
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