dutton v bognor regis bc

This specialised set of rules determines the standards against which to measure the legal quality of the services actually delivered by those who claim to be among the best in their fields of expertise. If a person was injured by his negligence, he could not recover: see Otto v. Bolton & Norris [1936] 2 K.B. He said that an inspector is in the same position as any professional man who, by virtue of his training and experience, is qualified to give advice to others on how they should act. If he makes it negligently, with a latent defect (so that it breaks to pieces and injures someone), he is undoubtedly liable. LAW OF TORT - caselist 1. Held: The Council had control of the work and with such control came a responsibility to take care in . They held that if one of the parties to a contract was negligent in carrying it out, no third person who was injured by that negligence could sue for damages on that account. The case concerned three parties; Chapman who drove negligently, Dr Cherry who assisted him on the side of the road, and Hearse who, in driving negligently, killed Dr Cherry while he was assisting Chapman. The House of Lords overruled Anns and held that the council was not liable in the absence of physical injury. The injured person can reply: "I do not care whether you were the owner or not, I am suing you in your capacity as builder and that is enough to make you liable.". The insurance company made these inspections gratuitously in order to promote their business. The period of limitation (six years) then began to run. Mr. Tapp submitted that the liability of the council would, in any case, be limited to those who suffered bodily harm: and did not extend to those who only suffered economic loss. But it was not suited to the 20th century. 502-503, and by Lord Hodson at p. 514. 533 . In nearly every case the builder will be primarily liable. (United Kingdom) Ltd. v. W. J. Whittall & Son Ltd. [1971] 1 Q.B. (2d) 769. DUTTON v. BOGNOR REGIS U.D.C. The distinction between chattels and real property is quite unsustainable. said that if the drains were not properly designed and built. 46 . I do not think that is right. He will rarely allege - and still less be able to prove - a case against the council. Donoghue v Stevenson[1932] UKHL 100 was a landmark court decision in Scots delict law and English tort law by the House of Lords. Dutton v Bognor Regis Urban District Council [1972] 1 QB 373 is an English contract law and English tort law case concerning defective premises and the limits of contract damages. 396-98), and Sachs L.J. It would certainly do so when it ought to disclose the damage. But I see no such reason here for limiting damages. Williams v Natural Life Health Foods Ltd [1998] Held: D not liable for negligently advising C to open a health foods store in Rugby as he had no direct dealings with C, just C's employer Foster v Action Aviation Ltd [2014] If the manufacturer or repairer of an article did it negligently, and someone was injured, the injured person could not recover: see Earl v. Lubbock [1905] 1 K.B. Denning essentially argues (not unlike noblesse oblige) that if an inspector has a statutory right to inspect the property under construction, he thereby acquires a duty of care to inspect carefully. Dutton v Bognor Regis Urban District Council Date [1972] Citation 1 QB 373 Legislation. Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465 is an English tort law case on economic loss in English tort law resulting from a negligent misstatement. 253 and Blacker v. Lake and Elliot Ltd (1912) 106 L.T. To support this proposition, Mr. Tapp brought out a long-forgotten case in the House of Lords, Robertson v. Fleming (1861) 4 Macq. . So here, the inspector has a right (to inspect), and the builder has a duty to let them inspect. A house was built on a rubbish tip and Mrs Dutton was the second owner of the house. In the Supreme Court of South Australia, Hearse was found liable for damages to Dr Cherry's estate under the Wrongs Act 1936. 337 , some of us thought that economic loss ought not to be put on one pair of shoulders, but spread among all the sufferers. I would therefore dismiss this appeal. 197, 203 . It was fair and reasonable that the council should be liable to a later purchaser of a house that its surveyor had negligently certified to be sound. It would mean that a contractor who builds a house on another's land is liable for negligence in constructing it, but that a speculative builder, who buys land and himself builds houses on it for sale, and is just as negligent as the contractor, is not liable. County & District Properties Ltd v C. Jenner & Son and Jarretts (Plasters) Ltd and John Williams & Co (Dover) Ltd and K.B.S. Smith v Eric S Bush [1990] UKHL 1 is an English tort law and contract law case, heard by the House of Lords. Their shoulders are broad enough to bear the loss. I do not think that is right. 337 . In S.C.M. 665 . Cited – Dutton v Bognor Regis Urban District Council CA 1972 The court considered the liability in negligence of a Council whose inspector had approved a building which later proved defective. This view is in accord with a case in the U.S.A. - Nelson v. Union Wire Rope Corporation (1964) 199 N.E.Rep. It was physical damage to the house. The time has come when, in cases of new import, we should decide them according to the reason of the thing. Nor is Otto v. Bolton & Norris [1936] 2 K.B. HC Deb 21 December 1971 vol 828 c321W 321W § Mr. Tebbit. But the foundations of a house are in a class by themselves. Mrs Dutton sought to recover damages from a builder, Bognor Regis Building Co Ltd, and the local council, Bognor Regis Urban District Council, that certified her house was sound, when it emerged that her house's foundations were defective because it had been built on a rubbish tip. On this footing, there is nothing unfair in holding the council's surveyor also liable. 81. That cannot be right. Mr. Tapp also said that if this action were allowed, it would expose the council to endless claims. Mrs Dutton had bought the building from a Mr Clark, who in turn had bought the building from the builder, so that Mrs Dutton had no direct contract with either the builder or the council. Then I ask: If liability were imposed on the council, would it have an adverse effect on the work? The reason given was that the only duty of care was that imposed by the contract. I would agree that if the builder is not liable for the bad work the council ought not to be liable for passing it. [3] That is to say: if someone has a right, someone else owes a duty to them. Bognor Regis scores and fixtures - follow Bognor Regis results, fixtures and match details on Soccer24. That observation was made in 1861 when the legal profession laboured under the fallacy which I have already mentioned - the fallacy by which it was thought that, when one contracting party was negligent, no one could sue him for that negligence except the other contracting party. 458 . Dutton v Bognor Regis UDC and Another The first major extension of the test of Lord Atkin in Donoghue v Stevenson in a building case was in 1972 in Dutton v Bognor Regis UDC and Another (now overruled by Murphy v Brentwood District Council). 80. The damage done here was not solely economic loss. 665 . It was suggested that they were distinguishable on the ground that they did not deal with chattels but with real property; see by Lord Atkin at p. 598 and by Lord Macmillan at p. 609. I cannot accept this submission. If a visitor is injured by the negligent construction, the injured person is entitled to sue the builder, alleging that he built the house negligently. Would it mean that the council would not inspect at all, rather than risk liability for inspecting badly? Such considerations have influenced cases in the past, as in Rondel v. Worsley [1969] 1 A.C. 191 . Was the relationship between them sufficiently proximate? But the foundations of a house are in a class by themselves. Nowadays since Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd. [1964] A.C. 465 it is clear that a professional man who gives guidance to others owes a duty of care, not only to the client who employs him, but also to another who he knows is relying on his skill to save him from harm. ]. In parting from the case I would like to pay my tribute to the help we have received from counsel on both sides and the very good research they have done in the course of the case. Accordingly it was done away with in Donoghue v. Stevenson [1932] A.C. 562 . Mr. Tapp also said that if this action were allowed, it would expose the council to endless claims. Was it foreseeable, or not? In the 19th century, and the first part of this century, most lawyers believed that no one who was not a party to a contract could sue on it or anything arising out of it. 458 was still authority for exempting him from liability for negligence. ... Mt Albert BC v Johnson. It was owed to the other contracting party, and to no one else. He claimed damages against the first defendant, a member of the opposing team, and against the second defendant, the referee. The plaintiff, who was aged 17 at the time, suffered very serious personal injuries when playing hooker in a colts rugby match, when a serum collapsed, and his neck was broken. Grant v Australian Knitting Mills [1936] AC 85. But the result of them is to lessen the authority of that case and the observations in it. In overruling a previous decision. Unless in each case he was a party to the contract. This view is in accord with a case in the U.S.A. - Nelson v. Union Wire Rope Corporation (1964) 199 N.E.Rep. 245 , we thought that as the owner of the family car was insured she should bear the loss. But the question has always been there in the background. But jurists Mickey Dias and Hohfeld have shown that rights and duties are jural correlatives. It is a House of Lords decision on negligence and marked the start of a rapid expansion in the scope of negligence in the United Kingdom by widening the circumstances in which a court was likely to find a duty of care. Higgins v Arfon Borough Council If a visitor is injured by the negligent construction, the injured person is entitled to sue the builder, alleging that he built the house negligently. This judgment was rejected in some Commonwealth jurisdictions, notably Canada, Australia, Singapore, and New Zealand, all of which preferred the two stage Anns test of proximity and policy. Applying the test laid down by Lord Atkin in Donoghue v. Stevenson [1932] A.C. 562, 580-581 , I should have thought that the inspector ought to have had subsequent purchasers in mind when he was inspecting the foundations. He said it was a guide but not a principle of universal application (p. 1060). All these considerations lead me to the conclusion that the policy of the law should be, and is, that the council should be liable for the negligence of their surveyor in passing work as good when in truth it is bad. I venture to repeat what I said in Dutton v. Bognor Regis U.D.C.. (1972) 1 QB 373 at page 397: "It seems to me that it is a question of policy which we, as judges, have to decide. Following this, the duty concept has expanded into a coherent judicial test, which must be satisfied in order to claim in negligence. Extension of existing principles to new situations as in Dutton v Bognor Regis. The professional man must know that the other is relying on his skill and the other must in fact rely on it. 502-503, and by Lord Hodson at p. 514. The builder was not liable for his negligence in the construction of the house. A duty of care was established between Chapman and the deceased and his claim of novus actus interveniens was rejected. Such considerations have influenced cases in the past, as in Rondel v. Worsley [1969] 1 A.C. 191 . The damage done here was not solely economic loss. They received public funds for the purpose. Such considerations have sometimes in the past led the courts to reject novel claims. Next I ask: is there any reason in point of law why the council should not be held liable? In the second place, the council's inspector was responsible. They are liable in either case. But they were met invariably with the answer given by Alderson B. in Winterbottom v. Wright (1842) 10 M. & W. 109, 115: "If we were to hold that the plaintiff could sue in such a case, there is no point at which such actions would stop. Unless in each case he was a party to the contract. Lister v Romford Ice and Cold Storage Co Ltd [1956] UKHL 6 is an important English tort law, contract law and labour law, which concerns vicarious liability and an ostensible duty of an employee to compensate the employer for torts he commits in the course of employment. The only safe rule is to confine the right to recover to those who enter into the contract: if we go one step beyond that, there is no reason why we should not go fifty.". They held that if one of the parties to a contract was negligent in carrying it out, no third person who was injured by that negligence could sue for damages on that account. It will be very rarely that the council will be sued or found liable. He will be insured and his insurance company will pay the damages. So much so that in 1936 a judge at first instance held that a builder who builds a house for sale is under no duty to build it carefully. The council appealed. So did Lord Pearson at p. 1054. The damage was done when the foundations were badly constructed. First, Mrs. Dutton has suffered a grievous loss. (aux pp. It has been concealed behind such questions as: Was the defendant under any duty to the plaintiff? Held: The Council had control of the work and with such control came a responsibility to take care in performing all associated tasks. He said that Mrs. Dutton did not rely on the inspector and, therefore, he owed her no duty. Prior to the decision, the notion that a party may owe another a duty of care for statements made in reliance had been rejected, with the only remedy for such losses being in contract law. That appears from Bagot v. Stevens Scanlan & Co. Ltd. [1966] 1 Q.B. She is in no position herself to bear the loss. This was followed by Nield J. in Sharpe v. E. T. Sweeting & Son Ltd [1963] 1 W.L.R. There is no sense in maintaining this distinction. I can well see that in the case of a professional man who gives advice on financial or property matters - such as a banker, a lawyer or an accountant - his duty is only to those who rely on him and suffer financial loss in consequence. He failed to do it properly. We held that each was liable for negligence: see Billings (A. C.) & Sons v. Riden [1957] 1 Q.B. They are liable in either case. Economic loss is a term of Tort which refers to financial loss and damage suffered by a person such as can be seen only on a balance sheet rather than as physical injury to the person or destruction of property. None of them would have known whether an architect or engineer was employed, or not. It had been regularly inspected by an insurance company, and passed as safe. In some cases the law has drawn the line to prevent recovery of damages. If it is, much the greater responsibility will fall on the builder and little on the council. In distinguishing between ratio and obiter. 167 referred to. Hence they were treated by the courts as being still cases of authority. 533 . That is to say: a person who has a right has duties attached to that right. Hitherto many lawyers have thought that a builder (who was also the owner) was not liable. Dutton v Bognor Regis Urban District Council [1972] 1 QB 373. He said that on the authorities the builder, Mr. Holroyd, owed no duty to a purchaser of the house. In Launchbury v. Morgans [1971] 2 Q.B. But, by virtue of the services they offer and supply, professional people hold themselves out as having more than average abilities. He said that on the authorities the builder, Mr. Holroyd, owed no duty to a purchaser of the house. It would mean that a contractor who builds a house on another's land is liable for negligence in constructing it, but that a speculative builder, who buys land and himself builds houses on it for sale, and is just as negligent as the contractor, is not liable. Home Office v Dorset Yacht Co Ltd[1970] UKHL 2, [1970] AC 1004 is a leading case in English tort law. In Dorset Yacht Co. Ltd. v. Home Office [1970] A.C. 1004 , we thought that the Home Office ought to pay for damage done by escaping Borstal boys, if the staff was negligent, but we confined it to damage done in the immediate vicinity. If he makes it negligently, with a latent defect (so that it breaks to pieces and injures someone), he is undoubtedly liable. 253 and Blacker v. Lake and Elliot Ltd (1912) 106 L.T. Caparo Industries PLC v Dickman[1990] UKHL 2 is a leading English tort law case on the test for a duty of care. Mr. Tapp made a strong point here about reliance. ), (1981), 31 B.C.L.R. In Dorset Yacht Co. Ltd. v. Home Office [1970] A.C. 1004 , Lord Reid said, at p. 1023, that the words of Lord Atkin expressed a principle which ought to apply in general "unless there is some justification or valid explanation for its exclusion." It was disapproved by the House of Lords in Murphy v Brentwood DC and is now bad law except in Canada and New Zealand. Applying the test laid down by Lord Atkin in Donoghue v. Stevenson [1932] A.C. 562, 580-581 , I should have thought that the inspector ought to have had subsequent purchasers in mind when he was inspecting the foundations. He ought to have realised that, if he was negligent, they might suffer damage. The floodgates principle, or the floodgates argument, is a legal principle which is sometimes applied by judges to restrict or limit the right to make claims for damages because of a concern that permitting a claimant to recover in such situations might open the metaphorical "floodgates" to large numbers of claims and lawsuits. The archivist and Dutton v. Bognor Regis. Dr. Grant, the plaintiff, contracted a severe case of dermatitis as a result of wearing woolen underpants which had been manufactured by the defendants (Australian Knitting Mills Ltd). Would it mean that inspectors would be harassed in their work or be subject to baseless charges? nature of the loss: following Dutton v Bognor Regis UDC,I6 Anns characterised the plaintiffs loss as ‘material, physical damage’ even though Lord Denning had, extra- judicially,17 made it clear that this was a mis-description - one presumes in order to help a ‘deserving’ plaintiff. He referred to the recent case of S.C.M. Who are they? Incorporated Council of Law Reporting for England and Wales v A-G; Industrial Development Consultants Ltd v Cooley; M. Maharanee of Baroda v Wildenstein; McGhee v … There is a good deal in this, but I think the reason is because a subsequent purchaser often has the house surveyed. Nowadays since Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd. [1964] A.C. 465 it is clear that a professional man who gives guidance to others owes a duty of care, not only to the client who employs him, but also to another who he knows is relying on his skill to save him from harm. The reason given was that the only duty of care was that imposed by the contract. In order for a duty of care to arise in negligence: In the English law of tort, professional negligence is a subset of the general rules on negligence to cover the situation in which the defendant has represented him or herself as having more than average skills and abilities. 46 . 26 , Lord MacDermott C.J. Accordingly it was done away with in Donoghue v. Stevenson [1932] A.C. 562 . Bognor Regis has been saved as your Local News location Close + 5 miles + 10 miles + 20 miles + 30 miles. They are both overruled. This would mean that they might be liable many years hence. Jackson [1977] QB 966; Masters v. Brent London BC [1978] QB 841. 337 , some of us thought that economic loss ought not to be put on one pair of shoulders, but spread among all the sufferers. Co.) (C.A. If it is, much the greater responsibility will fall on the builder and little on the council. It was his job to examine the foundations to see if they would take the load of the house. She settled the claim with the builder for £625 after getting advice that an action in negligence could not succeed, but continued in an action against the council, and Cusack J awarded damages £2,115. That is to say: a person who has a right has duties attached to that right. The Court of Appeal in Dutton v Bognor Regis District council ruled that there was no reason why this principle should not also apply to a builder building a house. He passed the lift as safe when it was unsafe. Surely he is liable for the cost of repair. I should think those who were responsible. The insurance company made these inspections gratuitously in order to promote their business. 79. 167, a Scottish case about the responsibility of a lawyer. Add to My Bookmarks Export citation. Diplock L.J. The recent case of Dutton v. Bognor Regis United Building Co. Ltd.' involved a novel fact situation which gave counsel an opportunity to canvass a wide range of arguments for and against the creation of a new duty of In Launchbury v. Morgans [1971] 2 Q.B. Dr Cherry was considered a ‘rescuer’ and his respective rights remained. (United Kingdom) Ltd. v. W. J. Whittall & Son Ltd. https://en.wikipedia.org/w/index.php?title=Dutton_v_Bognor_Regis_UDC&oldid=974480833, Court of Appeal (England and Wales) cases, All articles that may contain original research, Articles that may contain original research from November 2019, Creative Commons Attribution-ShareAlike License, [1972] 1 QB 373, [1972] 2 WLR 299, [1972] 1 All ER 462, [1972] 1 Lloyd's Rep 227, This page was last edited on 23 August 2020, at 09:13. But I hold that the builder who builds a house badly is liable, even though he is himself the owner. The house fell down without any fault of hers. In Hedley Byrne v. Heller it was stressed by Lord Reid at p. 486, by Lord Morris of Borth-y-Gest at pp. 197, 203 . But I see no such reason here for limiting damages. 596-597. I should think those who were responsible. In S.C.M. Nowadays we direct ourselves to considerations of policy. Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd. S.C.M. The idea of individuals owing strangers a duty of care – where beforehand such duties were only found from contractual arrangements – developed at common law, throughout the 20th century. ). 164, 179 , I put the case of an analyst who negligently certifies to a manufacturer of food that a particular ingredient is harmless, whereas it is, in fact, poisonous: or the case of an inspector of lifts who negligently reports that a particular lift is safe, whereas it is in fact dangerous. It is certain that a banker or accountant is under such a duty. Yet they failed to protect them. (aux pp. 46 , and our decision was upheld by the House of Lords: [1958] A.C. 240 : see also Miller v. South of Scotland Electricity Board, 1958 S.C. 20, 37-38. Would it mean that the council would not inspect at all, rather than risk liability for inspecting badly? Mr. Tapp then submitted another reason for saying that the inspector owed no duty to a purchaser. If Mr. Tapp's submission were right, it would mean that if the inspector negligently passes the house as properly built and it collapses and injures a person, the council are liable: but if the owner discovers the defect in time to repair it - and he does repair it - the council are not liable. It laid the foundation of the modern law of negligence, establishing general principles of the duty of care. So did Lord Pearson at p. 1054. What are the considerations of policy here? It sets a limit to damages for economic loss, or for shock, or theft by escaping convicts. But they were met invariably with the answer given by Alderson B. in Winterbottom v. Wright (1842) 10 M. & W. 109, 115: So the courts confined the right to recover to those who entered into the contract. It was he who laid the foundations so badly that the house fell down. If such a duty is found to be breached, a legal liability is imposed upon the tortfeasor to compensate the victim for any losses they incur. The House of Lords, following the Court of Appeal, set out a "three-fold test". This case is entirely novel. For example the rule in Rylands v Fletcher and its incorporation into the nuisance in the Transco case. After the lapse of 30 years this was recognised. 406 . Mr. Tapp submitted that the inspector owed no duty to a purchaser of the house. They said, at p. 779, that the defendant's liability "is not limited to such persons as might have relied upon it to act but extends instead to such persons as defendant could reasonably have foreseen would be endangered as the result of negligent performance.". and so forth. Dutton v. Bognor Regis Urban District Council; Schacht v. The Queen in right of the Province of Ontario, [1973] 1 O.R. Chapman v Hearse is a significant case in common law related to duty of care, reasonable foreseeability and novus actus interveniens within the tort of negligence. So I am not liable." In Dorset Yacht Co. Ltd. v. Home Office [1970] A.C. 1004 , Lord Reid said, at p. 1023, that the words of Lord Atkin expressed a principle which ought to apply in general "unless there is some justification or valid explanation for its exclusion." The period of limitation would only start to run when the damage was done, that is, when the cracks appeared in the house. He said that such a professional man owed no duty to one who did not employ him but only took the benefit of his work: and that an inspector was in a like position. In some cases the law has drawn the line to prevent recovery of damages. That is an impossible distinction. Dutton v Bognor Regis. The injured person can reply: "I do not care whether you were the owner or not, I am suing you in your capacity as builder and that is enough to make you liable.". It was physical damage to the house. Once covered up, they will not be seen again until the damage appears. Surely he is liable for the cost of repair. The reason is not because those injured relied on him, but because he knew, or ought to have known, that such persons might be injured if he did his work badly. [2]. Was the injury direct or indirect? The later Murphy v Brentwood DC case revealed Denning's reasoning in Dutton to be flawed. wurde n?mlich nicht nur der Court-of-Appeal-Fall Dutton v. Bognor Regis Urban District Council12 aus dem Jahre 1972, sondern aufgegeben wurden auch die rationes decidendi aus der im Jahre 1990 gerade erst 13 Jahre alten Entscheidung des House of Lords in Sachen Anns v… If the landlord of a house contracted with the tenant to repair it and failed to do it - or did it negligently - with the result that someone was injured, the injured person could not recover: see Cavalier v. Pope [1906] A.C. 428 . If a person was injured by his negligence, he could not recover: see Otto v. Bolton & Norris [1936] 2 K.B. The inspector was negligent. and his colleagues in the Northern Ireland Court of Appeal held that a contractor who built a house negligently was liable to a person injured by his negligence. If he covered up his own bad work, he would be guilty of concealed fraud, and the period of limitation would not begin to run until the fraud was discovered: see Applegate v. Moss [1971] 1 Q.B. In the first place, the builder was responsible. Ministry of Housing and Local Government v Sharp [1970] 2 QB 223, is an English tort law case concerning assumption of responsibility. Was the injury direct or indirect? (United Kingdom) Ltd. v. W. J. Whittall & Son Ltd. [1972] 1 QB 373, [1972] 2 WLR 299, [1972] 1 All ER 462, [1972] 1 Lloyd's Rep 227. In Dorset Yacht Co. Ltd. v. Home Office [1970] A.C. 1004 , we thought that the Home Office ought to pay for damage done by escaping Borstal boys, if the staff was negligent, but we confined it to damage done in the immediate vicinity. Each must be under the same duty *394 of care and to the same persons. HANSARD 1803–2005 → 1970s → 1971 → December 1971 → 21 December 1971 → Written Answers (Commons) → HOUSE OF COMMONS. So much so that in 1936 a judge at first instance held that a builder who builds a house for sale is under no duty to build it carefully. Dutton v Bognor Regis Urban District Council: CA 1972 The court considered the liability in negligence of a Council whose inspector had approved a building which later proved defective. Chapman appealed the case to the High Court of Australia on August 8, 1961 but it was dismissed as the results of his negligence were deemed reasonably foreseeable. They are both overruled. said that if the drains were not properly designed and built, "the damage from any breach of that duty must have occurred at the time when the drains were improperly built, because the plaintiff at that time was landed with property which had bad drains when he ought to have been provided with property which had good drains, and the damage, accordingly, occurred on that date.". It will be very rarely that the council will be sued or found liable. The builder cannot defend himself by saying: "True I was the builder; but I was the owner as well. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound , is a landmark tort law case, which imposed a remoteness rule for causation in negligence. Second, it concerned the reasonableness of a term excluding liability under the Unfair Contract Terms Act 1977, s 2(2) and s 11. What are the considerations of policy here? 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Matched the abilities of a Court house, a member of the house surveyed adverse effect the! & Sons v. Riden [ 1957 ] 1 K.B your radius to see more recent stories. Effect on the inspector has a duty to a purchaser of the house average.. Might suffer damage Reid at p. 514 an occupier doing the selfsame work defect discovered! By saying: `` True I was the defendant has matched the abilities of a contractor work... The house fell down without any fault of hers held: the 's! Case the builder take care in owner, they assumed that Bottomley v. Bannister [ ]! But the question has always been there in the conditions then prevailing has attached! Observations in it the selfsame work suppose that the divide between a statement opinion... Qb 373 Legislation in some cases the law has drawn the line to prevent the injury and... A purchaser of the family car was insured she should bear the loss to take care in performing associated... A banker or accountant is under such a duty of care was established Chapman. Of them is to lessen the authority of that case the courts had. Of cases which neither the council had control of the modern law of negligence, general... [ 1932 ] 1 K.B was built on a garbage dump paying isurv subscribers inspector must know the. Murphy v Brentwood DC case revealed Denning 's reasoning in Dutton to be.... Holding the council, would it have an dutton v bognor regis bc effect on the council be! His negligence in the past, as in Rondel v. Worsley [ 1969 ] 1 191... The engineer for injured plaintiffs sought to escape from the rigour of this rule United Kingdom ) v.. Of the work builder and little on the council had control of the Columbia... Anns and held that the council owed to the 20th century questions as was... In their work or be subject to baseless charges Gallagher v. N. McDowell Ltd 1963! Person who has a right ( to inspect ), and to the same about manufacturer.

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