- Project plans
- Project activities
- Legislation and standards
- Industry context
Last edited 15 Mar 2019
Negligence in building design and construction
Tort is a collection of civil law remedies entitling a person to recover damages for loss and injury which have been caused by the actions, omissions or statements of another person in such circumstances that the latter was in breach of a duty or obligation imposed at law.
- 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).
 Related articles on Designing Buildings Wiki
Featured articles and news
The Ocean Cleanup project
The various types of bond and when they are used.
It's vital the industry responds to proposals for reform of the safety regulatory system.
RSHP's Merano wins RIBA accolade.
How to differentiate between partial possession and early use.
Ofwat proposes £12 billion additional investment and £50 bill reductions.
Avoiding 'winner's curse' and other useful info.
Developing test methods for video flame/smoke detectors
Waiting for a new deal ...but will funding materialise?
Our servers have reached another milestone. Why not write an article and be seen by our 6.5 million users.
RSHP celebrates competition win in Paris.
All about approved inspectors.