Negligence in building design and construction
The tort of negligence is concerned with a breach of a duty to take care. In order to succeed in an action for negligence, a plaintiff must prove:
- The defendant owed to the plaintiff a legal duty of care, and,
- The defendant was in breach of duty, and,
- The plaintiff has suffered damage as a result of that breach.
The legal duty of care referred to is one that arises independently of a contractual obligation and, indeed, in the absence of a contract. Over many years the courts have produced a long series of decisions to assist in deciding whether or not, on particular facts, a duty of care arises.
Some of the key cases are listed below. Clicking on the links will take you to articles describing each case.
- Donoghue v Stevenson (1932).
- Hedley Byrne & Co Ltd v Heller & Partners Ltd (1963, 1964).
- Dutton v Bognor Regis UDC and Another (1972).
- Anns v Merton London Borough Council (1977, 1978).
- Junior Books Ltd v Veitchi Co Ltd (1982).
- Governors of the Peabody Donation Fund v Sir Lindsay Parkinson & Co Ltd (1984).
- Muirhead v Industrial Tank Specialists Ltd (1985, 1986).
- Leigh & Sillivan Ltd v Aliakmon Shipping Co Ltd (1986).
- Curran and Another v Northern Ireland Co Ownership Housing Association Ltd and Another (1986, 1987).
- D&F Estates Limited and Others v Church Commissioners for England and others (1988, 1989).
- Murphy v Brentwood District Council (1990, 1991).
- Henderson and Others v Merrett Syndicates Ltd and Others (1994, 1995).
- White v Jones (1995).
- Gable House Estates Ltd v The Halpern Partnership and Another (1995).
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