5. Direct physical damage.

The three criteria of:

  1.  

    (1)     foreseeability;

  2.  

    (2)     proximity; and

  3.  

    (3)     fairness, justice and reasonableness for determining the existence of a notional duty of care1,

will be applied to all novel situations whatever the nature of the loss (that is whether it is economic or physical)

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