McAuley v Bristol CC
McAuley v Bristol CC
- 1991
- Estates Gazette 1991 46 EG 155 .
ChD 25 June 1991. Appeal by landlord (B) against a cc decision awarding damages to tenant M for personal injuries due to B`s breach of duty under Defective Premises Act 1972 s4. Accident caused by loose step in garden. Considered whether B had an implied right to carry out repairs to garden steps so as to bring into operation the deemed obligation in s4(4) for maintenance and repair. "Mint v Good" principles applied. Held that B had been in breach of duty of care. Appeal dismissed.
DEFECTIVE PREMISES ACT 1972 S4(4)
DUTY OF CARE
LIABILITY
LOCAL AUTHORITIES
PERSONAL INJURY
REPAIR AND MAINTENANCE
REPAIRING OBLIGATIONS
ChD 25 June 1991. Appeal by landlord (B) against a cc decision awarding damages to tenant M for personal injuries due to B`s breach of duty under Defective Premises Act 1972 s4. Accident caused by loose step in garden. Considered whether B had an implied right to carry out repairs to garden steps so as to bring into operation the deemed obligation in s4(4) for maintenance and repair. "Mint v Good" principles applied. Held that B had been in breach of duty of care. Appeal dismissed.
DEFECTIVE PREMISES ACT 1972 S4(4)
DUTY OF CARE
LIABILITY
LOCAL AUTHORITIES
PERSONAL INJURY
REPAIR AND MAINTENANCE
REPAIRING OBLIGATIONS