000			01497cam a2200241 4500
001			ABS65077
008			020308n2002 000 0 eng u
035			_a(Sirsi) u117067
100			_aBrewer, G.
245			_aGeoff Brewer of Brewer Consulting examines statutory undertakers' duty of care
260			_c2002
490			_aContract Journal _v412(6366) 27 February 2002, 23(1)
520			_aExamines case of "Peter Marcic v Thames Water Utilities Ltd", where the statutory undertaker of a utility was found to have a duty of care to individuals separable from the exercise of its statutory duties. This resulted from a flood from an overburdened sewer, and the householder claimed at the Technology and Construction Court on the basis of nuisance and negligence as a breach of the Human Rights Act 1998. First claim was dismissed, but Court of Appeal reversed the earlier decision, concluding that, where an authority carries on an undertaking in the interests of the community as a whole, it may have to pay compensation to individuals whose rights are infringed by that undertaking, in order to achieve a fair balance between the interests of the individual and the community.
590			_aABS
650			_aMARCIC V THAMES WATER UTILITIES LTD
650			_aTHAMES WATER UTILITIES LTD
650			_aTECHNOLOGY AND CONSTRUCTION COURT
650			_aHUMAN RIGHTS ACT 1998
650			_aFLOODING
650			_aSEWERS
690			_aBUILDING AND CONSTRUCTION-CASE LAW
942			_n0
999			_c69748 _d69748