000 01530cab a2200217 4500
001 ABS39422
008 090401t1988 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u16575
041 _aeng
245 _aArgyll and Clyde Health Board v Strathclyde Regional Council
260 _c1988
350 _a0
490 _aScots Law Times
_v(1988) SLT 381-385(5)
520 _aOuter House 4 December 1987. Action by owners of premises (A) against the council (S) for damages arising out of a burst water main , owned by S which flooded A`s premises causing financial loss . A submitted that it was S`s duty to take reasonable care to see that the water main had been laid and was maintained (including maintenance by way of replacement if necessary or appropriate) in such condition that it would not burst. A alleged that the burst occurred through lack of proper maintenance. A did not specify what they meant by "proper maintenance". Had they sought evidence as to how an old pipe might be examined for signs of failure, and evidence as to how water authorities inspect, monitor and maintain such pipes , such notice would have been given. As it stood there was no averment by A as to the kind of maintenance appropriate or even possible. A failed to explain what they meant by proper maintenance. Held that A`s case was irrelevant. Action dismissed.
650 _aDUTY OF CARE
650 _aLOCAL AUTHORITIES
650 _aNEGLIGENCE
690 _aPROPERTY LAW AND PRACTICE-CASE LAW
942 _n0
948 _c04/03/1997
999 _c10931
_d10931