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Economic loss, transmissible warranties and extensions to the boundaries of Murphy v Brentwood

By: Language: English Series: Construction Law Journal ; 21(2) (2005) 95,101(7)Publication details: 2005Subject(s): Summary: Discusses differing HL judgments on the subject of the accrual of a duty of care to prevent economic loss, noting that a clear position still remains uncertain. Examines the opposed judgments in "Samuel Payne v John Setchell Ltd" (TCC, X121433) and "Tesco Stores Ltd v Costain Construction Ltd" ([2003] EWHC 1487 (TCC), [2003] CILL 2062) which both considered the extent to which builders and designers in construction cases should be held liable for losses classified as economic. Illustrates how the approach in "Samuel Payne" to the imposition of a duty of care in respect to economic loss is consistent with the reasoning in "Murphy v Brentwood DC" (HL, Abs43321), whilst the approach in "Tesco" is consistent with "Hedley Bryne and Co Ltd v Heller and Partners Ltd" (HL, [1963] 2 ALL ER 575) and "Pirelli General Cable Works Ltd v Oscar Faber and Partners" (HL, [1983] 1 All ER 65).
Holdings
Item type Current library Call number Copy number Status Date due Barcode
Journal article London Journal article L129345 (Browse shelf(Opens below)) 1 Available 129345-1001

Discusses differing HL judgments on the subject of the accrual of a duty of care to prevent economic loss, noting that a clear position still remains uncertain. Examines the opposed judgments in "Samuel Payne v John Setchell Ltd" (TCC, X121433) and "Tesco Stores Ltd v Costain Construction Ltd" ([2003] EWHC 1487 (TCC), [2003] CILL 2062) which both considered the extent to which builders and designers in construction cases should be held liable for losses classified as economic. Illustrates how the approach in "Samuel Payne" to the imposition of a duty of care in respect to economic loss is consistent with the reasoning in "Murphy v Brentwood DC" (HL, Abs43321), whilst the approach in "Tesco" is consistent with "Hedley Bryne and Co Ltd v Heller and Partners Ltd" (HL, [1963] 2 ALL ER 575) and "Pirelli General Cable Works Ltd v Oscar Faber and Partners" (HL, [1983] 1 All ER 65).