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Beyond Bryan: Builders' liability and pure economic loss

Carver, Tracey L. (2005) Beyond Bryan: Builders' liability and pure economic loss. Melbourne University Law Review, 29(1), pp. 270-297.

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Abstract

In Bryan v Maloney, the High Court extended a builder’s duty of care to encompass a liability in negligence for the pure economic loss sustained by a subsequent purchaser of a residential dwelling as a result of latent defects in the building’s construction. Recently, in Woolcock Street Investments Pty Ltd v CDG Pty Ltd, the Court refused to extend this liability to defects in commercial premises. The decision therefore provides an opportunity to re-examine the rationale and policy behind current jurisprudence governing builders’ liability for pure economic loss. In doing so, this article considers the principles relevant to the determination of a duty of care generally and whether the differences between purchasers of residential and commercial properties are as great as the case law suggests

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ID Code: 26496
Item Type: Journal Article
Additional URLs:
Keywords: Builders' liability, negligence, pure economic loss
ISSN: 0025-8938
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Deposited On: 27 Jul 2009 11:50
Last Modified: 10 Apr 2012 14:15

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