Last edited 07 Sep 2020

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.

In tort, duties and obligations are created by the courts applying common law, which has, on the basis of previous authority fallen into three distinct categories:

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 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.

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