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One for the Truckies - Can you sue for Negligence if a third party does something to affect your pick up route?

For instance you have a contract with FARM A to haul their organic tomatoes every year to market, but this year the neighboring farms pesticides affect the crop of FARM A and they lose their organic certification and therefore experience economic losses.

FARM A can sue in negligence but can the truck driver?

Indeterminacy of liability becomes the issue, meaning FARM B does not know what contracts FARM A has with whom and for how much for there to be a direct liability to the truck driver what is required is knowledge.   Perre v Appand (1999) 198 CLR 180.

If however the truck driver had put neighboring properties on notice that they had the contract with FARM A and perhaps offered their trucking services to neighboring properties on the basis of economies of scale (since you are in the area anyway) then even if FARM B did not accept your services they were aware of them and that you would be affected if they did something negligently that caused damage to FARM A.  Marsh v Baxter (2015) WASCA 169.





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