Cause of action in negligence
Language: English Series: Independent ; 28 November 1991, 34(1)Publication details: 1991Subject(s): Summary: "Nitrigin Eireann Teoranta and another v Inco Alloys Ltd" QBD 31 October 1991. It was held that there was a cause of action in negligence, which was not statute barred, the writ having been issued within six years. Accrual of a cause of action was taken from the date when the defective chattel caused damage and not from the earlier date when the defect caused just economic loss of repairing the chattel. The defence based on D&F Estates v Church Commissioners (1989) and Murphy v Brentwood BC (1991) was dismissed since in these cases defects were corrected before damage so that only economic loss was incurred.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | WB2746-33 (Browse shelf(Opens below)) | 1 | Available | 50481-1001 |
"Nitrigin Eireann Teoranta and another v Inco Alloys Ltd" QBD 31 October 1991. It was held that there was a cause of action in negligence, which was not statute barred, the writ having been issued within six years. Accrual of a cause of action was taken from the date when the defective chattel caused damage and not from the earlier date when the defect caused just economic loss of repairing the chattel. The defence based on D&F Estates v Church Commissioners (1989) and Murphy v Brentwood BC (1991) was dismissed since in these cases defects were corrected before damage so that only economic loss was incurred.