000 01598cab a2200241 4500
001 ABS42620
008 090401t1990 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u37900
041 _aeng
245 _aMurphy v Brentwood DC
260 _c1990
350 _a0
490 _aConstruction Industry Law Letter
_v1990 CILL 568-571(4)
520 _aCA 21 December 1989 Appeal by council (B) from ORC decision that it was liable for negligence by independent consultants (M). The plaintiff`s (MU) house had an inadequately design ed foundation and suffered from differential settlement . The foundation plans and calculations had been submitted by the engineers to B`s building control department and had been approved by them. For some time it had been department practice to refer to outside consultants M, all designs supported by calculations for checking by M. ORC held that M were at fault in approving the faulty calculations and that B was responsible for M`s negligence because under Public Health Act 1936 s64 a local authority has a duty of care to pass or reject the plans and B could not discharge that duty by delegation to M. On appeal by B, CA upheld the ORC decision. It rejected B`s contention that (MU) had not proved that the state of the house was an imminent danger to health and safety and with regard to damages , held that
650 _aCASE LAW
650 _aINDEPENDENT CONTRACTORS
650 _aLIABILITY
650 _aLOCAL AUTHORITIES
650 _aMEASURE OF DAMAGES
690 _aBUILDING AND CONSTRUCTION-CASE LAW
942 _n0
948 _c04/03/1997
999 _c24371
_d24371