In the Supreme Court of South Australia, Hearse was found liable for damages to Dr Cherry's estate under the Wrongs Act 1936. Lord Denning MR's judgment went as follows. But the judges in those cases confined themselves to cases in which the builder was only a contractor and was not the owner of the house itself. They are both overruled. It was his job to examine the foundations to see if they would take the load of the house. Dutton v Bognor Regis Urban District Council. The essence of this proposition, however, is the reliance. I will take them in order. Home Office v Dorset Yacht Co Ltd[1970] UKHL 2, [1970] AC 1004 is a leading case in English tort law. LAW OF TORT - caselist 1. It was held that a local authority was responsible for the subsidence of a house built on a garbage dump. 26 , Lord MacDermott C.J. But it was not suited to the 20th century. This would mean that they might be liable many years hence. Since that case the courts have had the instance of an architect or engineer. Hitherto many lawyers have thought that a builder (who was also the owner) was not liable. The House of Lords overruled the previous position, in recognising liability for pure economic loss not arising from a contractual relationship, introducing the idea of "assumption of responsibility". Dutton v. Bognor Regis United Bldg. Contributory negligence on the part of the dock owners was also relevant in the decision, and was essential to the outcome, although not central to this case's legal significance. Cavalier v. Pope (on landlords) and Bottomley v. Bannister (on builders) were considered by the House in Donoghue v. Stevenson [1932] A.C. 562 , but they were not overruled. In Gallagher v. N. McDowell Ltd [1961] N.I. In parting from the case I would like to pay my tribute to the help we have received from counsel on both sides and the very good research they have done in the course of the case. None of them would have known whether an architect or engineer was employed, or not. 337 . Following this, the duty concept has expanded into a coherent judicial test, which must be satisfied in order to claim in negligence. There is no sense in maintaining this distinction. So did Lord Pearson at p. 1054. Suppose that the defect is discovered in time to prevent the injury. He will rarely allege - and still less be able to prove - a case against the council. The time has come when, in cases of new import, we should decide them according to the reason of the thing. But here I see no danger. In order for a duty of care to arise in negligence: In the English law of tort, professional negligence is a subset of the general rules on negligence to cover the situation in which the defendant has represented him or herself as having more than average skills and abilities. He said that such a professional man owed no duty to one who did not employ him but only took the benefit of his work: and that an inspector was in a like position. Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd. S.C.M. In Dorset Yacht Co. Ltd. v. Home Office [1970] A.C. 1004 , we thought that the Home Office ought to pay for damage done by escaping Borstal boys, if the staff was negligent, but we confined it to damage done in the immediate vicinity. In the 19th century, and the first part of this century, most lawyers believed that no one who was not a party to a contract could sue on it or anything arising out of it. There is a good deal in this, but I think the reason is because a subsequent purchaser often has the house surveyed. Was it too remote? In overruling a previous decision. All these considerations lead me to the conclusion that the policy of the law should be, and is, that the council should be liable for the negligence of their surveyor in passing work as good when in truth it is bad. The distinction between chattels and real property is quite unsustainable. Such considerations have influenced cases in the past, as in Rondel v. Worsley [1969] 1 A.C. 191 . They said, at p. 779, that the defendant's liability "is not limited to such persons as might have relied upon it to act but extends instead to such persons as defendant could reasonably have foreseen would be endangered as the result of negligent performance.". The idea of individuals owing strangers a duty of care – where beforehand such duties were only found from contractual arrangements – developed at common law, throughout the 20th century. The Supreme Court of Illinois, by a majority, held that the insurance company were liable for the negligence of the inspector. Co.) (C.A. I should think those who were responsible. But they were met invariably with the answer given by Alderson B. in Winterbottom v. Wright (1842) 10 M. & W. 109, 115: "If we were to hold that the plaintiff could sue in such a case, there is no point at which such actions would stop. The Court of Appeal in Dutton v Bognor Regis District council ruled that there was no reason why this principle should not also apply to a builder building a house. I would therefore dismiss this appeal. ]. Chapman v Hearse is a significant case in common law related to duty of care, reasonable foreseeability and novus actus interveniens within the tort of negligence. Nowadays since Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd. [1964] A.C. 465 it is clear that a professional man who gives guidance to others owes a duty of care, not only to the client who employs him, but also to another who he knows is relying on his skill to save him from harm. Owners themselves often had little or no money, since they had fallen victim to negative equity, so mortgage lenders would pursue a valuer instead to recover some losses. That 19th century doctrine may have been appropriate in the conditions then prevailing. But the foundations of a house are in a class by themselves. But I hold that the builder who builds a house badly is liable, even though he is himself the owner. Mr. Tapp submitted that the inspector owed no duty to a purchaser of the house. It has also been suggested for it to be called "commercial loss" as injuries to person or property could be regarded as "economic". Lord Wensleydale said, at p. 199: "He only, who by himself, or another as his agent, employs the attorney to do the particular act in which the alleged neglect has taken place, can sue him for that neglect, ...". But in the case of a professional man who gives advice on the safety of buildings, or machines, or material, his duty is to all those who may suffer injury in case his advice is bad In Candler v. Crane, Christmas & Co. [1951] 2 K.B. Diplock L.J. It was he who laid the foundations so badly that the house fell down. So here, the inspector has a right (to inspect), and the builder has a duty to let them inspect. He said it was a guide but not a principle of universal application (p. 1060). It would certainly do so when it ought to disclose the damage. So here, the inspector has a right (to inspect), and the builder has a duty to let them inspect. He said it was a guide but not a principle of universal application (p. 1060). It is at this point that I must draw a distinction between the several categories of professional men. If a visitor is injured by the negligent construction, the injured person is entitled to sue the builder, alleging that he built the house negligently. 533. Next I ask: is there any reason in point of law why the council should not be held liable? In the first place, the builder was responsible. Suppose that the defect is discovered in time to prevent the injury. The case itself can be brought within the words of Lord Atkin in Donoghue v. Stevenson: but it is a question whether we should apply them here. He said that on the authorities the builder, Mr. Holroyd, owed no duty to a purchaser of the house. The injured person can reply: "I do not care whether you were the owner or not, I am suing you in your capacity as builder and that is enough to make you liable.". But the question has always been there in the background. So the courts confined the right to recover to those who entered into the contract. I would agree that if the builder is not liable for the bad work the council ought not to be liable for passing it. 253 and Blacker v. Lake and Elliot Ltd (1912) 106 L.T. It was accepted that the analyst and the lift inspector would be liable to any person who was injured by consuming the food or using the lift. (United Kingdom) Ltd. v. W. J. Whittall & Son Ltd. [1971] 1 Q.B. He will rarely allege - and still less be able to prove - a case against the council. I hold, therefore, that a builder is liable for negligence in constructing a house - whereby a visitor is injured - and it is no excuse for him to say that he was the owner of it. ... Mt Albert BC v Johnson. (2d) 769. Unless in each case he was a party to the contract. 403-4). I would therefore dismiss this appeal. The House of Lords, following the Court of Appeal, set out a "three-fold test". DUTTON v. BOGNOR REGIS U.D.C. So also the council's inspector should not be liable for passing the bad work. 406 . Ltd and Ideal Casements (Reading) Ltd and Deal Glass Co (a firm) (1976) 3 BLR 38. But Lord Diplock spoke differently. But that case only dealt with the manufacturer of an article. Incorporated Council of Law Reporting for England and Wales v A-G; Industrial Development Consultants Ltd v Cooley; M. Maharanee of Baroda v Wildenstein; McGhee v … 458 . Then I ask: If liability were imposed on the council, would it have an adverse effect on the work? Increase your radius to see more recent local stories. 253 and Blacker v. Lake and Elliot Ltd (1912) 106 L.T. In Dutton v. Bognor Regis Urban District Councip the English Court of Appeal held that a local authority, exercising a power under its own byelaws to inspect the foundations of a house, owed a duty of care in negligence to the second purchaser of the house. In Dorset Yacht Co. Ltd. v. Home Office [1970] A.C. 1004 , Lord Reid said, at p. 1023, that the words of Lord Atkin expressed a principle which ought to apply in general "unless there is some justification or valid explanation for its exclusion." In Rondel v. Worsley [1969] 1 A.C. 191 , we thought that if advocates were liable to be sued for negligence they would be hampered in carrying out their duties. nature of the loss: following Dutton v Bognor Regis UDC,I6 Anns characterised the plaintiffs loss as ‘material, physical damage’ even though Lord Denning had, extra- judicially,17 made it clear that this was a mis-description - one presumes in order to help a ‘deserving’ plaintiff. Dr. Grant, the plaintiff, contracted a severe case of dermatitis as a result of wearing woolen underpants which had been manufactured by the defendants (Australian Knitting Mills Ltd). In neither of those cases, strangely enough, was Robertson v. Fleming, 4 Macq. Once covered up, they will not be seen again until the damage appears. In Dorset Yacht Co. Ltd. v. Home Office [1970] A.C. 1004 , we thought that the Home Office ought to pay for damage done by escaping Borstal boys, if the staff was negligent, but we confined it to damage done in the immediate vicinity. He will be insured and his insurance company will pay the damages. 458 was still authority for exempting him from liability for negligence. In the 19th century, and the first part of this century, most lawyers believed that no one who was not a party to a contract could sue on it or anything arising out of it. In previous times, when faced with a new problem, the judges have not openly asked themselves the question: what is the best policy for the law to adopt? It was suggested that they were distinguishable on the ground that they did not deal with chattels but with real property; see by Lord Atkin at p. 598 and by Lord Macmillan at p. 609. But I see no such reason here for limiting damages. He referred to the recent case of S.C.M. HANSARD 1803–2005 → 1970s → 1971 → December 1971 → 21 December 1971 → Written Answers (Commons) → HOUSE OF COMMONS. Jackson [1977] QB 966; Masters v. Brent London BC [1978] QB 841. [original research? Mr. Tapp made a strong point here about reliance. 46 , and our decision was upheld by the House of Lords: [1958] A.C. 240 : see also Miller v. South of Scotland Electricity Board , 1958 S.C. 20, 37-38. He passed the lift as safe when it was unsafe. The recent case of Dutton v. Bognor Regis United Building Co. Ltd.' involved a novel fact situation which gave counsel an opportunity to canvass a wide range of arguments for and against the creation of a new duty of The insurance company made these inspections gratuitously in order to promote their business. Who are they? In Dorset Yacht Co. Ltd. v. Home Office [1970] A.C. 1004 , Lord Reid said, at p. 1023, that the words of Lord Atkin expressed a principle which ought to apply in general "unless there is some justification or valid explanation for its exclusion." It has been concealed behind such questions as: Was the defendant under any duty to the plaintiff? I can well see that in the case of a professional man who gives advice on financial or property matters - such as a banker, a lawyer or an accountant - his duty is only to those who rely on him and suffer financial loss in consequence. If the landlord of a house contracted with the tenant to repair it and failed to do it - or did it negligently - with the result that someone was injured, the injured person could not recover: see Cavalier v. Pope [1906] A.C. 428 . 373, 2 W.L.R. I do not think that is right. 458 was still authority for exempting him from liability for negligence. He failed to do it properly. So did Lord Pearson at p. 1054. We had a similar problem some years ago. Cited – Dutton v Bognor Regis Urban District Council CA 1972 The court considered the liability in negligence of a Council whose inspector had approved a building which later proved defective. Since that case the courts have had the instance of an architect or engineer. The builder cannot defend himself by saying: "True I was the builder; but I was the owner as well. Add to My Bookmarks Export citation. Will it lead to a flood of cases which neither the council nor the courts will be able to handle? So I will consider whether or not the builder is liable. The damage was done when the foundations were badly constructed. (Hansard, 21 December 1971) Search Help. It seems to me that it is a question of policy which we, as judges, have to decide. None of those injured would have relied on the architect or the engineer. and his colleagues in the Northern Ireland Court of Appeal held that a contractor who built a house negligently was liable to a person injured by his negligence. Cavalier v. Pope [1906] A.C. 428 has gone too. Hence they were treated by the courts as being still cases of authority. He ought to have realised that, if he was negligent, they might suffer damage. South Australia Asset Management Corpn v York Montague Ltd and Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd [1996] UKHL 10 is a joined English contract law case on causation and remoteness of damage. We held that each was liable for negligence: see Billings (A. C.) & Sons v. Riden [1957] 1 Q.B. [1978] AC 278. Lord Wensleydale said, at p. 199: That observation was made in 1861 when the legal profession laboured under the fallacy which I have already mentioned - the fallacy by which it was thought that, when one contracting party was negligent, no one could sue him for that negligence except the other contracting party. Economic loss is a term of Tort which refers to financial loss and damage suffered by a person such as can be seen only on a balance sheet rather than as physical injury to the person or destruction of property. County & District Properties Ltd v C. Jenner & Son and Jarretts (Plasters) Ltd and John Williams & Co (Dover) Ltd and K.B.S. Finally I ask myself: If we permit this new action, are we opening the door too much? In the third place, the council should answer for his failure. During the building of a court house, a lift plunged down six floors with 19 workmen aboard. In previous times, when faced with a new problem, the judges have not openly asked themselves the question: what is the best policy for the law to adopt? After the lapse of 30 years this was recognised. He said that an inspector is in the same position as any professional man who, by virtue of his training and experience, is qualified to give advice to others on how they should act. Dutton v Bognor Regis Urban District Council 1 QB 373 is an English contract law and English tort law case concerning defective premises and the limits of contract damages. Nowadays we direct ourselves to considerations of policy. The very object was to protect purchasers and occupiers of houses. That cannot be right. Mrs Dutton had bought the building from a Mr Clark, who in turn had bought the building from the builder, so that Mrs Dutton had no direct contract with either the builder or the council. 533 . Diplock L.J. Such considerations have sometimes in the past led the courts to reject novel claims. They are liable in either case. Dr Cherry was considered a ‘rescuer’ and his respective rights remained. The damage was done when the foundations were badly constructed. Second, it concerned the reasonableness of a term excluding liability under the Unfair Contract Terms Act 1977, s 2(2) and s 11. If he covered up his own bad work, he would be guilty of concealed fraud, and the period of limitation would not begin to run until the fraud was discovered: see Applegate v. Moss [1971] 1 Q.B. The period of limitation (six years) then began to run. Mr. Tapp made a strong point here about reliance. The doctrine was significantly developed in the case of Donoghue v Stevenson, where a woman succeeded in establishing a manufacturer of ginger beer owed her a duty of care, where it had been negligently produced. Held: The Council had control of the work and with such control came a responsibility to take care in performing all associated tasks. Mr. Tapp then submitted another reason for saying that the inspector owed no duty to a purchaser. 81. The period of limitation would only start to run when the damage was done, that is, when the cracks appeared in the house. It seems to me that it is a question of policy which we, as judges, have to decide. 79. The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. Mr. Tapp submitted that in any case the duty ought to be limited to those immediately concerned and not to purchaser after purchaser down the line. Held: The Council had control of the work and with such control came a responsibility to take care in . For my part, I would find it more congenial to deal directly with the policy considerations underlying that classification as was done in an analogous situation in Dutton v. Bognor Regis Urban District Council, [1972] 1 Q.B. That is an impossible distinction. 533 . It was his job to examine the foundations to see if they would take the load of the house. It would certainly do so when it ought to disclose the damage. So much so that in 1936 a judge at first instance held that a builder who builds a house for sale is under no duty to build it carefully. [2]. 458 . It has been concealed behind such questions as: Was the defendant under any duty to the plaintiff? 164, 179 , I put the case of an analyst who negligently certifies to a manufacturer of food that a particular ingredient is harmless, whereas it is, in fact, poisonous: or the case of an inspector of lifts who negligently reports that a particular lift is safe, whereas it is in fact dangerous. 245 , we thought that as the owner of the family car was insured she should bear the loss. The Supreme Court of Illinois, by a majority, held that the insurance company were liable for the negligence of the inspector. Extension of existing principles to new situations as in Dutton v Bognor Regis. If the manufacturer or repairer of an article did it negligently, and someone was injured, the injured person could not recover: see Earl v. Lubbock [1905] 1 K.B. They are both overruled. He said that even if the inspector was under a duty of care, he owed that duty only to those who he knew would rely on this advice - and who did rely on it - and not to those who did not. It was fair and reasonable that the council should be liable to a later purchaser of a house that its surveyor had negligently certified to be sound. The very object was to protect purchasers and occupiers of houses. Time after time counsel for injured plaintiffs sought to escape from the rigour of this rule. If Mr. Tapp's submission were right, it would mean that if the inspector negligently passes the house as properly built and it collapses and injures a person, the council are liable: but if the owner discovers the defect in time to repair it - and he does repair it - the council are not liable. 373 (C.A. Judicial creativity is fully in play when a previous decision is overruled. The reason is not because those injured relied on him, but because he knew, or ought to have known, that such persons might be injured if he did his work badly. In some cases the law has drawn the line to prevent recovery of damages. Judgment. But I see no need to reject this claim on this ground. In some cases the law has drawn the line to prevent recovery of damages. They held that if one of the parties to a contract was negligent in carrying it out, no third person who was injured by that negligence could sue for damages on that account. Tort Law Case listSeminar 1: Introduction to tort andintroduction to the tort of negligenceDonoghue v Stevenson [1932] (HL)Facts:Judgment:NotesAnns v Merton LBC [1978] (HL)Facts: The claimants were tenants of a block of flats built in accordance with the pla ns approved by thecouncil. But it was not suited to the 20th century. Would it mean that the council would not inspect at all, rather than risk liability for inspecting badly? Was it too remote? There is no sense in maintaining this distinction. He passed the lift as safe when it was unsafe. On this footing, there is nothing unfair in holding the council's surveyor also liable. The reason given was that the only duty of care was that imposed by the contract. A duty of care was established between Chapman and the deceased and his claim of novus actus interveniens was rejected. Prior to the decision, the notion that a party may owe another a duty of care for statements made in reliance had been rejected, with the only remedy for such losses being in contract law. He said that Mrs. Dutton did not rely on the inspector and, therefore, he owed her no duty. The principle is most frequently cited in common law jurisdictions, and in English tort law in particular. DUTTON v. BOGNOR REGIS UNITED BUILDING CO. LTD. That is an impossible distinction. The time has come when, in cases of new import, we should decide them according to the reason of the thing. To support this proposition, Mr. Tapp brought out a long-forgotten case in the House of Lords, Robertson v. Fleming (1861) 4 Macq. 1990-08-09 cnplus Who ought in justice to bear it? Surely he is liable for the cost of repair. They were entrusted by Parliament with the task of seeing that houses were properly built. It was accepted that the analyst and the lift inspector would be liable to any person who was injured by consuming the food or using the lift. Who are they? The builder was not liable for his negligence in the construction of the house. Applying the test laid down by Lord Atkin in Donoghue v. Stevenson [1932] A.C. 562, 580-581 , I should have thought that the inspector ought to have had subsequent purchasers in mind when he was inspecting the foundations. It was fair and reasonable that the council should be liable to a later purchaser of a house that its surveyor had negligently certified to be sound. It will be very rarely that the council will be sued or found liable. Bognor Regis scores and fixtures - follow Bognor Regis results, fixtures and match details on Soccer24. If liability is imposed on the council, it would tend, I think, to make them do their work better, rather than worse. That observation was made in 1861 when the legal profession laboured under the fallacy which I have already mentioned - the fallacy by which it was thought that, when one contracting party was negligent, no one could sue him for that negligence except the other contracting party. Next I ask: is there any reason in point of law why the council should not be held liable? If the owner of land built a house on it and sold it to a purchaser, but he did his work so negligently that someone was injured, the injured person could not recover: see Bottomley v. Bannister [1932] 1 K.B. It sets a limit to damages for economic loss, or for shock, or theft by escaping convicts. In the second place, the council's inspector was responsible. See Caveat Emptor in Sales of Land: A Consultation Paper from the Conveyancing Standing Committee of the Law Commission (1988) p. 4. 46 . First, it concerned the existence of a duty of care in tort for negligent misstatements, not made directly to someone relying on the statement. I cannot accept this submission. He said that on the authorities the builder, Mr. Holroyd, owed no duty to a purchaser of the house. He suggested, therefore, that although the council might be liable if the ceiling fell down and injured a visitor, they would not be liable simply because the house was diminished in value. The period of limitation would only start to run when the damage was done, that is, when the cracks appeared in the house. 462 (sub nom. She settled the claim with the builder for £625 after getting advice that an action in negligence could not succeed, but continued in an action against the council, and Cusack J awarded damages £2,115. If the manufacturer of an article is liable to a person injured by his negligence, so should the builder of a house be liable. He failed to do it properly. Nor is Otto v. Bolton & Norris [1936] 2 K.B. Was the relationship between them sufficiently proximate? It laid the foundation of the modern law of negligence, establishing general principles of the duty of care. In Hedley Byrne v. Heller it was stressed by Lord Reid at p. 486, by Lord Morris of Borth-y-Gest at pp. (United Kingdom) Ltd. v. W. J. Whittall & Son Ltd. [1972] 1 QB 373, [1972] 2 WLR 299, [1972] 1 All ER 462, [1972] 1 Lloyd's Rep 227. I do not think that is right. (United Kingdom) Ltd. v. W. J. Whittall & Son Ltd. [1971] 1 Q.B. The reason is that if no limit were set there would be no end to the money payable. Mrs Dutton sought to recover damages from a builder, Bognor Regis Building Co Ltd, and the local council, Bognor Regis Urban District Council, that certified her house was sound, when it emerged that her house's foundations were defective because it had been built on a rubbish tip. The inspector was negligent. But jurists Mickey Dias and Hohfeld have shown that rights and duties are jural correlatives. This intermediate inspection, or opportunity of inspection, may break the proximity. If he covered up his own bad work, he would be guilty of concealed fraud, and the period of limitation would not begin to run until the fraud was discovered: see Applegate v. Moss [1971] 1 Q.B. He said that Mrs. Dutton did not rely on the inspector and, therefore, he owed her no duty. In short, we look at the relationship of the parties: and then say, as matter of policy, on whom the loss should fall. They received public funds for the purpose. They said, at p. 779, that the defendant's liability "is not limited to such persons as might have relied upon it to act but extends instead to such persons as defendant could reasonably have foreseen would be endangered as the result of negligent performance.". Caparo Industries PLC v Dickman[1990] UKHL 2 is a leading English tort law case on the test for a duty of care. None of them would have known whether an architect or engineer was employed, or not. The professional man must know that the other is relying on his skill and the other must in fact rely on it. (United Kingdom) Ltd. v. W. J. Whittall & Son Ltd. [1971] 1 Q.B. But jurists Mickey Dias and Hohfeld have shown that rights and duties are jural correlatives. Nowadays since Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd. 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Most frequently cited in common law jurisdictions, and by Lord Hodson p.. This was followed by Nield J. in Sharpe v. E. T. Sweeting & Son Ltd [ 1963 1. Was a party to the contract example the rule in Rylands v Fletcher and its incorporation the! Which neither the council had control of the house is himself the owner of modern... Dutton v. Bognor Regis and with such control came a responsibility to take care performing. That appears from Bagot v. Stevens Scanlan & Co. Ltd. [ 1971 ] 2 K.B Occupiers of houses in Supreme. The cost of repair liable in the U.S.A. - Nelson v. Union Wire Corporation... 1961 ] N.I position herself to bear the loss contract law case on negligent misstatement money.... Neither the council to endless claims owed to the 20th century will pay damages... Greater responsibility will fall on the architect and engineer would be harassed in their work be. With the manufacturer of an architect or engineer himself the owner as.... Some cases the law has drawn the line to prevent recovery of damages the background are jural correlatives of. As safe hc Deb 21 December 1971 → Written Answers ( Commons ) → house of in! Stevenson [ 1932 ] A.C. 428 has gone too Ltd ( 1912 ) 106 L.T of import. Cases which neither the council will be sued or found liable damages against the second,! 1 A.C. 191 and the builder and little on the builder will be insured and insurance! Grievous loss Petroleum Co Ltd v Mardon [ 1976 ] EWCA Civ 4 is an English law! A.C. 191 reasonably foreseeable made these inspections gratuitously in order to promote their business loss. Entrusted by Parliament with the manufacturer of an occupier doing the selfsame work let them inspect banker or is. Grievous loss economic loss passed as safe when it was disapproved by the Occupiers ' liability Act 1957, 4. Been discoverable if proper checks had been regularly inspected by an insurance company were liable for the cost of.! For his failure from the liability of a house badly is liable for the cost of...., and used as an example for students studying law accordingly it was reversed by courts. Mills [ 1936 ] 2 K.B liable in the construction of the damages section (... To endless claims [ 1961 ] N.I do not think it is a good deal in this the... Only dealt with the manufacturer of an occupier doing the selfsame work that! Done when the builder is not liable for passing the bad work that on the authorities the builder not...