Murphy V. Brentwood District Council 1991 Ac 398

1380 words - 6 pages

OBJECTIVES AND METHODOLOGY

OBJECTIVES:

TO STUDY AND CRITICALLY ANALISE THE CASE IN THE CONTEXT OF THE PRINCIPLES INVOLVED.

TO DRAW UP THE COMMON INFERENCE WHILE STUDYING THE USE OF THE PRINCIPLE IN OTHER CASES.

METHODOLOGY

THE BASIC METHODOLOGY ADOPTED TO PREPARE THIS RESEARCH IS DEDUCTIVE THAT IS TO STUDY VARIOUS CASES, TO ANALYSE THE LAWS IN THE SAME TOPIC AND UNDERSTAND THE GENERAL PRINCIPLE TO DRAW A GENERAL CONCLUSION.

TABLE OF CONTENTS

1:......................................INTRODUCTION

2:......................................PRINCIPLES INVOLVED

3:......................................CRITICAL ANALYSIS

4:......................................CONCLUSION

5:......................................BIBLIOGRAPHY

INTRODUCTION

Since the Annus case the trends rather we should say the general trends were to provide the damages to the owner of the premises and they were purely economic losses. But in this case that trend was overruled and there began a new trend and new principles that we will come across while going through the whole project. There were many questions raised like a duty of care is owed to whom? How damages can be provided in a particular case like this? But one thing is for sure that this case can be considered as a landmark case in the history of `Torts' as we come across a very few cases where the well established principles like here are overruled.

A BRIEF INTRODUCTION OF THE CASE

MATERIAL FACTS

The plaintiff bought a built as such to the plans approved by the defendants. But the independent consulting engineers who had carelessly failed to note an error in the calculations which rendered inadequate the concrete raft foundation necessited by the sloping nature of the site.

After some time the plaintiff noticed cracks, and the defect which caused the settlement was discovered. He could not afford the money needed to repair the same, so he sold the house suffering a loss of 35,000 ponds than the proper market price to a builder.

The court of appeal held that the local authority, treated as responsible for the negligence of the engineers to whom they entrusted the vetting of plans, must pay the diminution in the value, seeing that the house was "imminently dangerous."

THE PRINCIPLLES INVOLVED

(1) NEGLIGENCE

Negilgence according to salmond is "The act or the omission of a duty which is likely to injure the neighbor. Neighbor here is referred to a person who is very closely or directly affected by your acts.

Here in this case the plaintiff's claim was bassed on the negligence in failing to carry oout necessary inspection of the foundation before it was covered up. Which the local authority was enabled through bye-laws made under Public Health Act, 1936 to supervise the construction of buildings in their area and in particular the foundations of the buildings.

Therefore there was a duty of care which the defendants owed towards the plaintiff.

...

Find Another Essay On Murphy V. Brentwood District Council 1991 Ac 398

Duty of Care and the Public Policy issue

2446 words - 10 pages ;--------------------------------------------1 - Mitchell v Glasgow City Council [2009] 1 AC 874, [2009] 2 WLR 481, 2009 SCLR 270, 2009 SC (HL) 21, 2009 GWD 7- 122, [2009] PTSR 778, [2009] AC 874, 2009 Hous LR 2, [2009] PIQR P13, [2009] NPC 27, [2009] UKHL 11, [2009] 3 All ER 205, [2009] HRLR 18, 2009 SLT 2472 - Caparo Industries plc v Dickman [1990] 1 All ER 568, [1990] UKHL 2, [1990] 2 AC 6053 - Iain Miller, 'Duty within bounds' (JournalOnline.co.uk, 20 April

Judicial Review in the UK

2083 words - 8 pages (1863) 14 CB NS 180 that the council had acted unfairly and had failed to exercise their statutory power lawfully.The primary purpose of judicial review was summarised by Lord Lindley MR in Roberts v Gwyrfai District Council [1899] 2 CH 608, 614, “ I know of no duty of the Court which is more important to observe, and no power of the Court which is more important to enforce, than its power of keeping public bodies within their rights. The

The Threat to Torrens System Posed by Exceptions to Indefeasibility and 'Overriding Statutes'

2533 words - 10 pages that the fraud must relate to the circumstances in which the registered proprietor obtained his or her registered interest.The RP does not however set out a comprehensive definition of fraud, although it does stipulate that fraud 'includes fraud involving a fictitious person'.In Assets Co Ltd v Mere Roihi (1905) AC 176, at 210, the Privy Council defined fraud as follows:"[B]y fraud in [the Act] is meant actual fraud, that is dishonesty of some sort

Laws Regarding the Estate of Those Deceased

2139 words - 9 pages house was not to be conveyed for the benefit and use of Mr Evans, thus there was a resulting trust. S. 118(1) of the Housing Act 1985 gives council tenant the right to purchase their home. S126 (1) provides the discount from the purchase price of the house via the qualifying status of the non legal owner is classified as purchase money. Evan v Hayford[2], here it was held a qualifying reduction in the price of the house was

History of consideration

7730 words - 31 pages . Bagot's Executor and Trustee Co Ltd (1962) 119 CLR 460..............pp57, 112 vii TABLE OF CASES (continued) Crabb v. Arun District Council [1976] Ch 179 ......................................pp138, 150, 160 Crescendo Management Pty Ltd v. Westpac Banking Corporation (1988) 19 NSWLR 40........................................................................................................p79 Crow v. Rogers (1795) 1 Strange 592

Occupiers' Liability from the Common Law

2405 words - 10 pages Proctor [1923] AC 253, at 274 Rooney v Connolly [1986] ILRM 786 Kenny v ESB [1932] IR 73, at 84. McMahon and Binchy, Law of Torts (4th edition Bloomsbury Professional, Dublin 2013)432 McMahon and Binchy, Law of Torts (4th edition Bloomsbury Professional, Dublin 2013)435 McMahon and Binchy, Law of Torts (4th edition Bloomsbury Professional, Dublin 2013)435 Latham v Johnson [1913] 1 KB 398 Cooke v Midland Great Western Railway

How Biomechanics Influences Soccer

2368 words - 9 pages . (1988). Influence of inflation pressure and ball wetness on the impact characteristics of two types of soccer balls. In Science and Football (edited by T. Reilly, A. Lees, K. Davids and W.J. Murphy), pp. 394-398. London: E & FN Spon Arnason, A., Gudmundsson, A., Dahl, H.A. and Johannsson, E. (1996). Soccer injuries in Iceland. Scandinavian Journal of Medicine and Science in Sports, 6, 40±45. Asai, T., Akatsuka, T. and Kaga, M. (1995). Impact

Australian Consumer Law Objective

2005 words - 8 pages Stevenson [1932] All ER Rep 1; [1932] AC 562; House of Lords) (Lanigan SC 2014) (Goodwin 1991) (Goodwin 1991) (Qaqaya NA) (N.A, Consumer Law n.a) (Attorney-General 1974) (Brunt 2003) (Brennan n.d.) (Australian Goverment 2008) Parts IVA, V VA, VC Trade Practices Act 1974 (Cth), Fair Trading Act 1992 (ACT), Fair Trading (Consumer Affairs) Act 1973 (ACT), Door to Door Trading Act 1991 (ACT), Lay by Sales Agreements Act 1963 (ACT

Ohio Senators

889 words - 4 pages Infrastructure Subcommittee on Clean Air, Wetlands, Private Property & Nuclear Safety Committee on Government Affairs Chairman Subcommittee on Oversight of Government Management, Restructuring and the District of Colombia Permanent Subcommittee on Investigations Committee on Small Business • Select Committee on Ethics 1991 - 1998 65th Governor of Ohio Chairman, National Governors' Association (NGA) -- 1997 - 98 Chairman, Republican

Employer's Liability in Tort's Law

2155 words - 9 pages Kielthy v Ascon Ltd. [1957] 91 ILTR 25 at 29 (SC) Wilson v Tyneside Window Cleaning Co [1958] 2 QB 110 at 121(CA) Mulcare v Southern Health Board [1988] ILRM 689 at 692 Cooney v Thomas Dockrell Sons & Co Ltd [1965] Ir Jur Rep 31 (SC) Cooney v Thomas Dockrell Sons & Co Ltd [1965] Ir Jur Rep 31 at 40 Paris v Stepney Borough Council [1950] UKHL 3 Barclay v An Post [1998] Ir Jur Rep 31 at 40. Department of Posts and Telegraphs

Home school

1725 words - 7 pages states including Michigan require all teachers in home school to possess a teaching certificate. This requirement in Michigan was challenged in 1980, 1986, and 1991. In Hanson v. Cushman (1980), the federal district court found the statute to be reasonable because the parents had not proven that any of their fundamental rights had been violated. In the private school case of Sheridan Road Baptist v. Department of Education (1986), other Michigan

Similar Essays

A Review Of The Court Of Appeal Decision In St Albans City And District Council V International Computers Limited

1990 words - 8 pages A Review of the Court of Appeal Decision in St AlbansCity and District Council v International Computers LimitedAbstractLast year, the Court of Appeal [1996 All ER 481] upheld an earlier decision St Albans City and District Council v International Computers Ltd. [Queen's Bench Division 1995] in which substantial damages were awarded in respect of a supply of software which proved unsuitable for the customer's intended use. This article provides

Legal Systems: Duty Of Care And Negligence

1406 words - 6 pages Materials (Oxford University Press, Oxford 2010) Cases Caparo Industries plc. v Dickman [1990] UKHL Donoghue v Stevenson [1932] UKHL 100 Holmes v Alfred McAlpine Homes (Yorkshire) Ltd [2006] EWHC 110 (QB); [2006] 3 Costs L.R. 466 Holt v Edge [2007] EWCA Civ 602; [2007] 97 B.M.L.R. 74 (CA (Civ Div)) Murphy v Brentwood District Council [1991] 1 AC 398 Slessor v Vetco Gray UK Ltd [2007] Rep. L.R. 83 (OH) Thai Trading Co v Taylor [1998] Q.B. 781

Discuss The Extent To Which Public Servants Owe A Duty Of Care Under The Tort Of Negligence

2565 words - 10 pages [1997] QB 1004Church of Jesus Christ and the Latter Day Saints v Yorkshire Fire and Civil Defence Authority [1996] unreported. The Times 9/5/96Donoghue v Stevenson [1932] AC 562Hill v Chief Constable of West Yorkshire [1998]Jarvis v Hampshire County Council [1999] Ed Cr 785Kent v Griffiths and others [2000] 3 CCl Rep 98Murphy v Brentwood DC [1991] AC 398OLL Ltd v Secretary of State for the Home Department [1997] 3 ALL ER 897Phelps v Hillingdon London Borough Council [1999] 1 ALL ER 421Swinney v Chief Constable of Northumbria [1996] 3 ALL ER 449W v Essex County Council [2001) 2 AC 592X v Bedfordshire County Council [1995] 2 AC 633

Judges' Need To Follow Previous Precedent

908 words - 4 pages situations had changed. In the case 'Murphy v Brentwood District Council (1990)' the House of Lords overruled 'Anns v London Borough of Merton (1977)' concerning a duty of care to the purchaser of a house. The case 'Conway v Rimmer (1968)' overruled 'Duncan v Cammell, Laird & Co (1942)' on discovery of documents. The case 'Vestey v Commissioners of inland Revenue (1979)' overruled the decision in 'Congreve v Commissioners of
Who Do You Think You Are? – Season 10 | Hellfest | Chicago PD HDTV