liability arising from defective buildings Flashcards
1
Q
what is the first, although wrong argument that we can make? case?
A
anns v merton London Borough Council.
argument that pure economic loss can be an action in delict.
2
Q
what were the 2 requirements in the first case?
A
that there needs to be sufficient proximity between the wrong doer and the pursuer and if it is reasonably foreseeable to him that his actions may cause damage to the pursuers property. establishing a duty of care.
secondly if there are any negating factors which would limit the scope of duty owed.
3
Q
what is the current case law on effective buildings?
A
Murphy v Brentwood District Council
said that Anns is wrong and a builder cannot owe a duty of care in respect of pure economic loss from the defective construction of the property.
