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.
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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|Item Type:||Journal Article|
|Keywords:||Builders' liability, negligence, pure economic loss|
|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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