Law of Negligence - Assignment

LAW OF NEGLIGENCE
PURE ECONOMIC LOSS
Case Study of Hawkins v
Clayton - [1988] HCA 15

CASE INTRODUCTION
• Generally facilities are provided by the solicitors to the clients for the
purpose of safe keeping and storing their wills.
• The decision of the court provided in the case of Hawkins v Clayton -
[1988] HCA 15 attracted a considerable amount of attention.
• The decision provided by the court had serious implications in relation to
those solicitors who written the custody of wills provided by the clients.
• In addition the decision made by the court also was a considerable step
with respect to the development of the law of negligence in this area.

FACTS OF THE CASE
• The defendants in this case what the solicitors who had prepared and
retain the will of a longstanding client for safekeeping and execution.
• According to the will the plaintiff in this case was the souled beneficiary
and executor of the testatrix's estate.
• The plaintiff was not informed about the existence of the will and its
content
• A grant of probate has been obtained by the plaintiff in 1981 after
changing solicitors and the estate had been duly administered

FACTS CONT...
• The action had been dismissed by the Supreme Court.
• The plaintiff brought the action in the Supreme Court based on the fact
that the defendant owed a duty of care to the plaintiff in personal
capacity and there was a contract between the defendant and the
plaintiff.
• The Supreme Court held that there was no duty of care owed by the
defendant firm to the executor and there was no contract between them
as well.
• The defence provided by the firm based on Limitations of Actions Act
1969 had not been considered by the court.