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    Breaking new ground?: Nuisance, negligence and pure economic loss in Marsh v Baxter

    Access Status
    Fulltext not available
    Authors
    Bunn, Anna
    Douglas, Michael
    Date
    2014
    Type
    Journal Article
    
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    Citation
    Bunn, A. and Douglas, M. 2014. Breaking new ground?: Nuisance, negligence and pure economic loss in Marsh v Baxter. Torts Law Journal. 22: pp. 160-182.
    Source Title
    Torts Law Journal
    ISSN
    10385967
    School
    School of Business Law
    URI
    http://hdl.handle.net/20.500.11937/5904
    Collection
    • Curtin Research Publications
    Abstract

    In Marsh v Baxter the WA Supreme Court resolved a dispute between organic farmers, the Marshes, and their genetically-modified-crop-growing neighbour, Mr Baxter. Causes of action in negligence and nuisance each failed. The court denied that Baxter owed the Marshes a duty to prevent swathes of GM material entering their property, and denied that Baxter unreasonably interfered with the use of their property. In terms of principle, the case is notable for a narrow view of recoverability of pure economic loss and for application of principles of nuisance to the battleground of GM farmers and their anti-GM neighbours. The judgment could be seen as a step towards resolving the tension between those who adopt GM technology and those who eschew it, but not an entirely satisfying one.

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