Non-performance of statutory duty causing pure economic loss

Abstract

This case note comments on the existence of a tortious duty of care when the defendant’s omission has caused pure economic loss. The orthodox position in the United Kingdom is that the existence of a statutory duty does not buttress a finding of duty of care in such cases. But a recent Hong Kong Court of Final Appeal decision went the other way, justifying a duty of care in such cases on the basis of a statutory duty. This case note tries to reconcile the positions in Hong Kong and the United Kingdom, and suggests that the Hong Kong approach be followed for good reasons.