80. The insurance company made these inspections gratuitously in order to promote their business. In Rondel v. Worsley [1969] 1 A.C. 191 , we thought that if advocates were liable to be sued for negligence they would be hampered in carrying out their duties. (1973). Who are they? Dutton v Bognor Regis UDC and Another The first major extension of the test of Lord Atkin in Donoghue v Stevenson in a building case was in 1972 in Dutton v Bognor Regis UDC and Another (now overruled by Murphy v Brentwood District Council). In Launchbury v. Morgans [1971] 2 Q.B. 167, a Scottish case about the responsibility of a lawyer. In S.C.M. 502-503, and by Lord Hodson at p. 514. This case is entirely novel. See Dutton v. Bognor Regis UDC [1972] 1 QB 373; Hone v. Benson [1978] 248 EG 1013. This would have been discoverable if proper checks had been made. nature of the loss: following Dutton v Bognor Regis UDC,I6 Anns characterised the plaintiffs loss as ‘material, physical damage’ even though Lord Denning had, extra- judicially,17 made it clear that this was a mis-description - one presumes in order to help a ‘deserving’ plaintiff. If the manufacturer or repairer of an article did it negligently, and someone was injured, the injured person could not recover: see Earl v. Lubbock [1905] 1 K.B. 596-597. Bognor Regis scores and fixtures - follow Bognor Regis results, fixtures and match details on Soccer24. So did Lord Pearson at p. 1054. In Dorset Yacht Co. Ltd. v. Home Office [1970] A.C. 1004 , we thought that the Home Office ought to pay for damage done by escaping Borstal boys, if the staff was negligent, but we confined it to damage done in the immediate vicinity. The time has come when, in cases of new import, we should decide them according to the reason of the thing. Never before has a claim been made against a council or its surveyor for negligence in passing a house. The recent case of Dutton v. Bognor Regis United Building Co. Ltd.' involved a novel fact situation which gave counsel an opportunity to canvass a wide range of arguments for and against the creation of a new duty of This would mean that they might be liable many years hence. This view is in accord with a case in the U.S.A. - Nelson v. Union Wire Rope Corporation (1964) 199 N.E.Rep. I would therefore dismiss this appeal. Who are they? It seems to me that it is a question of policy which we, as judges, have to decide. Also, the case of Dutton v Bognor Regis UDC was disapproved.. I will take them in order. They are liable in either case. 245 , we thought that as the owner of the family car was insured she should bear the loss. See Caveat Emptor in Sales of Land: A Consultation Paper from the Conveyancing Standing Committee of the Law Commission (1988) p. 4. He said it was a guide but not a principle of universal application (p. 1060). If he designs a house or a bridge so negligently that it falls down, he is liable to every one of those who are injured in the fall: see Clay v. A. J. Crump & Sons Ltd. [1964] 1 Q.B. Increase your radius to see more recent local stories. The case also addressed the liability of government bodies, a person's liability for the acts of third parties that he has facilitated, and liability for omissions. Would it mean that they would be extra cautious, and hold up work unnecessarily? In short, we look at the relationship of the parties: and then say, as matter of policy, on whom the loss should fall. But the judges in those cases confined themselves to cases in which the builder was only a contractor and was not the owner of the house itself. So much so that in 1936 a judge at first instance held that a builder who builds a house for sale is under no duty to build it carefully. They are both overruled. In the second place, the council's inspector was responsible. It had been regularly inspected by an insurance company, and passed as safe. Would it mean that they would be extra cautious, and hold up work unnecessarily? It was reversed by the Occupiers' Liability Act 1957, section 4 (1) . It has been concealed behind such questions as: Was the defendant under any duty to the plaintiff? It has been concealed behind such questions as: Was the defendant under any duty to the plaintiff? Mr. Tapp submitted that the liability of the council would, in any case, be limited to those who suffered bodily harm: and did not extend to those who only suffered economic loss. I would therefore dismiss this appeal. The only safe rule is to confine the right to recover to those who enter into the contract: if we go one step beyond that, there is no reason why we should not go fifty.". 406 . HC Deb 21 December 1971 vol 828 c321W 321W § Mr. Tebbit. Add to My Bookmarks Export citation. It was held that a local authority was responsible for the subsidence of a house built on a garbage dump. If he makes it negligently, with a latent defect (so that it breaks to pieces and injures someone), he is undoubtedly liable. It was he who laid the foundations so badly that the house fell down. He said that on the authorities the builder, Mr. Holroyd, owed no duty to a purchaser of the house. 533. Williams v Natural Life Health Foods Ltd [1998] Held: D not liable for negligently advising C to open a health foods store in Rugby as he had no direct dealings with C, just C's employer Foster v Action Aviation Ltd [2014] But that case only dealt with the manufacturer of an article. He said that even if the inspector was under a duty of care, he owed that duty only to those who he knew would rely on this advice - and who did rely on it - and not to those who did not. So I will consider whether or not the builder is liable. Dutton v Bognor Regis Urban District Council (1976) 3 BLR 11. If the manufacturer of an article is liable to a person injured by his negligence, so should the builder of a house be liable. 533 . Hence they were treated by the courts as being still cases of authority. It would certainly do so when it ought to disclose the damage. ], Dunlop Pneumatic Tyre v Selfridge & Co Ltd, Woodar Investment Development Ltd v Wimpey Construction UK Ltd, Contracts (Rights of Third Parties) Act 1999, Nisshin Shipping Co Ltd v Cleaves & Co Ltd, Miller v. South of Scotland Electricity Board. Dutton v Bognor Regis. Finally I ask myself: If we permit this new action, are we opening the door too much? The damage done here was not solely economic loss. ). In Gallagher v. N. McDowell Ltd [1961] N.I. In Hedley Byrne v. Heller it was stressed by Lord Reid at p. 486, by Lord Morris of Borth-y-Gest at pp. and I see no reason why a solicitor is not likewise. O vermied? If the landlord of a house contracted with the tenant to repair it and failed to do it - or did it negligently - with the result that someone was injured, the injured person could not recover: see Cavalier v. Pope [1906] A.C. 428 . The inspector was negligent. 164, 179 , I put the case of an analyst who negligently certifies to a manufacturer of food that a particular ingredient is harmless, whereas it is, in fact, poisonous: or the case of an inspector of lifts who negligently reports that a particular lift is safe, whereas it is in fact dangerous. Grant v Australian Knitting Mills [1936] AC 85. said that if the drains were not properly designed and built, "the damage from any breach of that duty must have occurred at the time when the drains were improperly built, because the plaintiff at that time was landed with property which had bad drains when he ought to have been provided with property which had good drains, and the damage, accordingly, occurred on that date.". and his colleagues in the Northern Ireland Court of Appeal held that a contractor who built a house negligently was liable to a person injured by his negligence. DUTTON v. BOGNOR REGIS U.D.C. After the lapse of 30 years this was recognised. It continues to be cited as an authority in legal cases, and used as an example for students studying law. Esso Petroleum Co Ltd v Mardon [1976] EWCA Civ 4 is an English contract law case, concerning misrepresentation. 46 , and our decision was upheld by the House of Lords: [1958] A.C. 240 : see also Miller v. South of Scotland Electricity Board , 1958 S.C. 20, 37-38. But Lord Diplock spoke differently. and his colleagues in the Northern Ireland Court of Appeal held that a contractor who built a house negligently was liable to a person injured by his negligence. He will be insured and his insurance company will pay the damages. It was suggested that they were distinguishable on the ground that they did not deal with chattels but with real property; see by Lord Atkin at p. 598 and by Lord Macmillan at p. 609. The principle is most frequently cited in common law jurisdictions, and in English tort law in particular. Surely he is liable for the cost of repair. Nor is Otto v. Bolton & Norris [1936] 2 K.B. It is at this point that I must draw a distinction between the several categories of professional men. Held: The Council had control of the work and with such control came a responsibility to take care in . Ministry of Housing and Local Government v Sharp [1970] 2 QB 223, is an English tort law case concerning assumption of responsibility. Negligence is a failure to exercise appropriate and or ethical ruled care expected to be exercised amongst specified circumstances. Would it mean that inspectors would be harassed in their work or be subject to baseless charges? Was it foreseeable, or not? So the courts confined the right to recover to those who entered into the contract. He failed to do it properly. Each must be under the same duty *394 of care and to the same persons. The inspector must know this, or, at any rate, he ought to know it. The case itself can be brought within the words of Lord Atkin in Donoghue v. Stevenson: but it is a question whether we should apply them here. Would it mean that the council would not inspect at all, rather than risk liability for inspecting badly? Prior to the decision, the notion that a party may owe another a duty of care for statements made in reliance had been rejected, with the only remedy for such losses being in contract law. A house was built on a rubbish tip and Mrs Dutton was the second owner of the house. (United Kingdom) Ltd. v. W. J. Whittall & Son Ltd. https://en.wikipedia.org/w/index.php?title=Dutton_v_Bognor_Regis_UDC&oldid=974480833, Court of Appeal (England and Wales) cases, All articles that may contain original research, Articles that may contain original research from November 2019, Creative Commons Attribution-ShareAlike License, [1972] 1 QB 373, [1972] 2 WLR 299, [1972] 1 All ER 462, [1972] 1 Lloyd's Rep 227, This page was last edited on 23 August 2020, at 09:13. 311, dismissing an appeal from a judgment of Andrews J. So also the council's inspector should not be liable for passing the bad work. The house fell down without any fault of hers. 458 . In Dorset Yacht Co. Ltd. v. Home Office [1970] A.C. 1004 , Lord Reid said, at p. 1023, that the words of Lord Atkin expressed a principle which ought to apply in general "unless there is some justification or valid explanation for its exclusion." Dutton v Bognor Regis Urban District Council [1972] 1 QB 373 is an English contract law and English tort law case concerning defective premises and the limits of contract damages. I venture to repeat what I said in Dutton v. Bognor Regis U.D.C.. (1972) 1 QB 373 at page 397: "It seems to me that it is a question of policy which we, as judges, have to decide. He said it was a guide but not a principle of universal application (p. 1060). It sets a limit to damages for economic loss, or for shock, or theft by escaping convicts. First, Mrs. Dutton has suffered a grievous loss. The liability of a contractor doing work on land was said to be different from the liability of an occupier doing the selfsame work. In neither of those cases, strangely enough, was Robertson v. Fleming, 4 Macq. In short, we look at the relationship of the parties: and then say, as matter of policy, on whom the loss should fall. That certainly supports his submission. Never before has a claim been made against a council or its surveyor for negligence in passing a house. 46 . So I will consider whether or not the builder is liable. The builder cannot defend himself by saying: "True I was the builder; but I was the owner as well. The damage done here was not solely economic loss. It is certain that a banker or accountant is under such a duty. Public Health Act 1936. Suppose that the defect is discovered in time to prevent the injury. The very object was to protect purchasers and occupiers of houses. wurde n?mlich nicht nur der Court-of-Appeal-Fall Dutton v. Bognor Regis Urban District Council12 aus dem Jahre 1972, sondern aufgegeben wurden auch die rationes decidendi aus der im Jahre 1990 gerade erst 13 Jahre alten Entscheidung des House of Lords in Sachen Anns v… That doctrine did not avail manufacturers after 1932 - Donoghue v. Stevenson [1932] A.C. 562 : nor did it avail professional men after 1964 - Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd. [1964] A.C. 465 . “The application of existing law to new circumstances can never be clearly distinguished from the creation of a new rule of law.” (Cross). ), per Denning M.R. South Australia Asset Management Corpn v York Montague Ltd and Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd [1996] UKHL 10 is a joined English contract law case on causation and remoteness of damage. In neither of those cases, strangely enough, was Robertson v. Fleming, 4 Macq. It was owed to the other contracting party, and to no one else. If liability is imposed on the council, it would tend, I think, to make them do their work better, rather than worse. So did Lord Pearson at p. 1054. But jurists Mickey Dias and Hohfeld have shown that rights and duties are jural correlatives. 337 . 458 was still authority for exempting him from liability for negligence. Extension of existing principles to new situations as in Dutton v Bognor Regis. Dutton v. Bognor Regis Urban District Council; Schacht v. The Queen in right of the Province of Ontario, [1973] 1 O.R. All these considerations lead me to the conclusion that the policy of the law should be, and is, that the council should be liable for the negligence of their surveyor in passing work as good when in truth it is bad. Dutton v Bognor Regis Urban District Council [1972] 1 QB 373 is an English contract law and English tort law case concerning defective premises and the limits of contract damages. That appears from Bagot v. Stevens Scanlan & Co. Ltd. [1966] 1 Q.B. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound , is a landmark tort law case, which imposed a remoteness rule for causation in negligence. DUTTON v. BOGNOR REGIS U.D.C. Mrs Dutton had bought the building from a Mr Clark, who in turn had bought the building from the builder, so that Mrs Dutton had no direct contract with either the builder or the council. Was the relationship between them sufficiently proximate? But the question has always been there in the background. If a person was injured by his negligence, he could not recover: see Otto v. Bolton & Norris [1936] 2 K.B. 197, 203 . The damage was done when the foundations were badly constructed. Lord Wensleydale said, at p. 199: That observation was made in 1861 when the legal profession laboured under the fallacy which I have already mentioned - the fallacy by which it was thought that, when one contracting party was negligent, no one could sue him for that negligence except the other contracting party. The case concerned three parties; Chapman who drove negligently, Dr Cherry who assisted him on the side of the road, and Hearse who, in driving negligently, killed Dr Cherry while he was assisting Chapman. The Court of Appeal held that Mrs Dutton could recover money from the council, as an extension of the principle in Donoghue v Stevenson . 337 . (Hansard, 21 December 1971) Search Help. In previous times, when faced with a new problem, the judges have not openly asked themselves the question: what is the best policy for the law to adopt? He passed the lift as safe when it was unsafe. Mr. Tapp submitted that the inspector owed no duty to a purchaser of the house. 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