Reconceiving Proximity in the Duty to Avoid Causing Pure Economic Loss: Should the Plaintiff have Protected Himself Through Contract?
(2021) 33 SAcLJ 1083
Proximity defined as “closeness/directness in the plaintiff-defendant relationship” is unhelpful in pure economic loss cases. This article argues for reconceiving proximity in pure economic loss cases in the form of the question: “should the plaintiff have protected himself through contract?” If the answer is yes, proximity is absent and no duty arises. If the answer is no, proximity is present, and a duty arises unless policy negatives it.