defective property

Question 1

D v S

Answer 1

Contractors liable for physical damage caused by faulty construction

Question 2

Stevenson

Answer 2

Analogous - can principles extend top allow recovery for decreased value of property and cost of repair

Question 3

Dutton

Answer 3

duty owed for defective foundation

Question 4

Anns

Answer 4

P could claim damages for the cost of returning to safe building

Question 5

Bowen

Answer 5

Builder liable for causing a hidden defect that posed risk to occupants

Question 6

Junior Books

Answer 6

Don’t need damage to health to make claim

Question 7

D & F

Answer 7

criticized JRB said would cut contract

Question 8

Murphy

Answer 8

overruled JNR B in HOL, didn’t want to impose a duty that should be left to legislature

Question 9

Mt Albert

Answer 9

allowed a claim for financial loss where it arose out of physical damage

Question 10

Stieller

Answer 10

extended Bowen duty to allow for all physical loss regardless of damage

Question 11

Hamlin

Answer 11

didn’t follow murphy - upheld builder duty and council liability

Question 12

Sunset terraces

Answer 12

affirmed Hamlin didn’t need to change law because of Building Act 2004

Question 13

Winnipeg and Bryan

Answer 13

SCC AND HCA rejected murphy

Question 14

Hamlin principle

Answer 14

NZ small scale owner occupied houses relied on council
BA 1991 - all buildings made in accordance - gives power to local authorities - proximity

Question 15

Sunset principles

Answer 15

duty extend to all homes - distinction based on size and value is arbitrary

Question 16

Woolcock

Answer 16

held only applies to residential buildings - Kirby J dissented - public interest maintaining builds

Question 17

Rolls Royce

Answer 17

parties with bargaining power should expect risk allocation can be relied on

Question 18

Spencer on Byron

Answer 18

No distinction drawn between residential and commercial - vulnerability argument irrelevant and unfair

Question 19

Sparham

Answer 19

cause for action accrues when defect is found or reasonably found

Question 20

Pirelli

Answer 20

held it’s when defect is created

Question 21

Sunset - limitations

Answer 21

Discussed new cause would accrue every new purchase

Question 22

CHH

Answer 22

arguable a manufacturer owes duty to their defective chattel in building

Question 23

hughes

Answer 23

manufacturer should be held responsible for products carrying risk of health and occupants