Junior books v veitchi 1982

Junior books contracted with a business to lay a composite flooring in their factory. The junior books contracted with a business to lay a composite flooring in their factory. Junior books ltd v the veitchi co ltd 1983 21 blr 66 house of lords lord fraser of tullybelton, lord russell of killowen, lord keith of kinkel, lord roskill and lord brandon of oakbrook. But see seale v perry 1982 vr 193 where on similar facts the supreme court of victoria came to a different conclusion after an exhaustive discussion of the authorities. The flooring was so defective that the warehouse was unusable until the floor was replaced causing considerable expense. Mcmahon and binchy, irish law of torts oxford 1981. Therefore, the decision in junior books v veitchi 1983 was distinguished. The house of lords eventually ruled in junior books v veitchi 1982 3 all er 201 that pure economic loss was recoverable. The exception arose in the scottish case of junior books ltd v veitchi limited 1983. The work of laying the flooring was subcontracted to veitchi and junior books was the architect. There, the plaintiff owned a factory in which the defendant sub. Junior books ltd v veitchi co ltd 1983 1 ac 520 was a house of lords judgment on whether a duty of care in delict exists between a contractor or subcontractor and an employer this scottish case initially caused some excitement amongst english academic lawyers who thought it heralded the fusion of contract and tort into a single law of obligations. A claimants pure economic loss resulting from a defendants carelessness can only give rise to a claim in negligence if a duty of care is proved. In that case, the court found that a nominated subcontractor was held to owe a duty in tort to the.

The house of lords held that there was sufficient proximity between junior books and veitchi to establish a duty of care and no reason to restrict that duty. List of cases zimbabwe legal information institute. Denning became best known as a result of his report into the profumo affair. On 15 july 1982, the house of lords delivered junior books ltd v veitchi co ltd 1982 ukhl 4 15 july 1982. Junior books ltd v veitchi co ltd 1983 1 ac 520 was a house of lords judgment on whether a duty of care in delict exists between a. Veitchi interiors are a specialist construction solutions contractor operating within the uk. With the financial resources of the veitchi group, we are able to offer a unique turnkey service to clients across a range of areas of construction, which are outlined below. An example of such provisions is the implied terms under the sale of goods act 1979 which can benefit the seller as well as the buyer. The defendants were specialists in flooring and were subcontractors to lay a floor in a factory which was to be used by the plaintiffs. Easing the right to recover for pure economic loss case note 1983 uqlawjl 8. Where there is sufficient proximity between the parties there may be an exception to the rule that there is no recovery for loss which is not consequent upon physical loss.

Notably, recovery for losses that are purely economic arise under the fatal accidents act 1976. The plaintiff had employed the main contractors to construct a factory and they nominated the defendants, as specialist sub contractors, to lay the floor. Put shortly, that wider principle isthat, when a person can or ought to appreciate that a careless act oromission on. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Junior books limited respondents go to while that was the actual decision in donoghue v. See also junior books v veitchi 1983 1 ac 520 at 546 per lord roskill. The recovery of pure economic loss in negligencean. Johnson v agnew 1980 jones v lipman 1962 jones v lock 1865 junior books v veitchi 1982 keech v sandford 1726 kelly v cooper 1993 kent v griffiths 2000 khawaja v ss 1984 king v david allen 1916 kingsnorth finance limited v tizzard 1986 klug v klug 1918 knightsbridge estates v byrne 1939 kreglinger v new patagonia meat. Even here, the house of lords did little more than acknowledge the possibility of an. The tort assignment paper sample ideas for brainstorming. The principal speeches compare the case several times to donoghue v. Junior books ltd v veitchi co ltd 1982 3 all er 201. Have the conditions for recovering pure economic loss in tort been relaxed.

Junior books ltd v veitchi co ltd 1983 1 ac 520 tort law negligence duty of care damages facts the defendants were specialists in fl. Gorham v british telecommunications plc 2000 ewca civ 234. At its heart, the group is a specialist solutions contractor, tailoring products and services to meet the. English tort case law house of lords cases 1982 in case law 1982 in british law united kingdom law stubs. The lords decided that there was close adequate propinquity of a 3rd party to a contract to let that 3rd party to be. One of the most radical manifestations of this expansive reliance on the above test was junior books ltd v veitchi co ltd 1982 3 all er 201 hl where the house of lords held that a duty of care was owed by flooring subcontractors, who were liable to the owner of the. Junior books ltd v veitchi co ltd 1983 1 ac 520 was a house of lords judgment on whether a duty of care in delict exists between a contractor or. The development and extension of the law of tort probably reached its climax in the house of lords in junior books ltd v veitchi co ltd in 1983. Stevenson, it wasbased on a much wider principle embodied in passages in the speech oflord atkin, which have been quoted so often that i do not find itnecessary to quote them again here. In laying the composition floor the defenders used too wet a mixture and applied too thin a top coat and failed to cure the material properly. Junior books ltd v veitchi co ltd 1982 3 all er 201 united.

Have the conditions for recovering pure economic loss in. John profumo was the secretary of state for war with the british government. The work was defective so junior books sued veitchi, not the main. Junior books ltd v veitchi co ltd summary lawteacher. For a duty of care to be owed by the defendant to a claimant there must be sufficient proximity in their relationship. Economic loss generally refers to financial detriment that can be seen on a balance sheet but not physically. April 7, 2019 admin off construction, negligence, scotland.

Ship source oil pollution damage a canadian perspective on recoverability of economic losses and damage to the marine environment deana silverstone this article considers the definition of pollution damage under the protocols to the conference on liability and com pensation. Junior books v veitchi 1982, hl junior books made a contract for the construction of a warehouse. Junior books ltd v the veitchi co ltd 1983 21 blr 66. The work was defective so junior books sued veitchi, not the. Recovery for pure economic loss in english law, arising from negligence, has traditionally been limited. Junior books ltd v veitchi co ltd 1982 sc hl 244 united. They told the building contractor that they wanted flooring to be supplied by the defendant, who was consequently a nominated subcontractor. Junior books ltd v veitchi co ltd 1982 ukhl 4 15 july. The decision of the house of lords in junior books ltd. The house of lords in this instance extended the construct of responsibility of attention to its logical possible decision merely abruptly of it going a breach of contract instance. Junior books ltd v veitchi co ltd 1982 3 all er 201 hl junior books v veitchi co ltd 1983 1 ac 520. That case was on appeal to the house of lords from scotland.

Junior books v veitchi 1982 sc hl 245 engaged main contractor and builders to build a factory for them, there was lots of subcontractors. The defendant was a specialist subcontractor brought in to lay a floor. To set a reading intention, click through to any list item, and look for the panel on the left hand side. Junior books v veitchi co ltd hl 1983 ac 520, 1982 3 wlr 477, 1982 3 all er 201. Compensation for economic loss at the house of lords david cohent the decision of the house of lords in junior books ltd. In article iii of the condescendence the pursuers aver that late in 1972 cracks began to appear in. Junior books ltd v veitchi co ltd 1982 ukhl peter o. See also junior books limited v veitchi company limited 1982 ukhl 4.