Fred is a tomato farmer in a small farming community where everyone knows everyone.
Following his first ever locust infestation, Fred decides to take extreme action by hiring Tim, a professional crop duster, to spray pesticide over his tomato crop. On the day, Tim warns Fred about the risk of pesticides impacting neighboring farms (e.g. that the spray could be carried down-wind to nearby farms etc.). Despite the warning, Fred instructs Tim to ‘just get on with the job’.
A week later, Fred is shocked to find one of his neighbors, Susan, crying on his porch and informing him that, although her farm was not physically exposed to any pesticides.. Victorian law prevents the importation of organic foods that were grown within a 75km radius around crop dusted pesticides and as a result, she is now banned from selling her organic lettuce to her biggest client in Melbourne.
rnADVISE Susan whether she is able to sue Joe for the $150,000 loss she sustained under her contract with the Melbourne client
(Negligence – Pure Economic Loss)
