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Who's liable now?

By: Contributor(s): Series: Building Services ; 24(4) April 2002, 21(1)Publication details: 2002Subject(s): Summary: Discusses if recently overturned "Baxall Securities v Sheard Walshaw Partnership" case means consultants without a contractual relationship cannot be held liable to third party for building defects. Originally in February 2001, case judgment showed, in absence of contract, rights of recovery of owner/occupier who has suffered loss as result of action of builder or professional were extremely limited. However, CA recently overturned this, arguing that wrong in law to impose duty of care on professionals owed to subsequent purchasers of property in regard to latent defect. Concludes duty of care can be extended to consultant in certain circumstances however.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS65303 (Browse shelf(Opens below)) 1 Available 117877-1001

Discusses if recently overturned "Baxall Securities v Sheard Walshaw Partnership" case means consultants without a contractual relationship cannot be held liable to third party for building defects. Originally in February 2001, case judgment showed, in absence of contract, rights of recovery of owner/occupier who has suffered loss as result of action of builder or professional were extremely limited. However, CA recently overturned this, arguing that wrong in law to impose duty of care on professionals owed to subsequent purchasers of property in regard to latent defect. Concludes duty of care can be extended to consultant in certain circumstances however.