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:

• Negligence.
• Nuisance.
• Trespass.

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).

[edit] Related articles on Designing Buildings Wiki

• Collateral warranty
• Insurance.
• Decennial liability.
• Defects.
• Delict.
• Derogation from grant.
• Design liability.
• Fitness for purpose.
• Joinder.
• Pirelli General Cable Works Ltd v Oscar Faber & Partners.
• Professional indemnity insurance.
• Quasi-delict.
• Reasonable skill and care.
• Strict liability.
• Tort.