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. This intermediate inspection, or opportunity of inspection, may break the proximity. Mr. Tapp submitted that in any case the duty ought to be limited to those immediately concerned and not to purchaser after purchaser down the line. Esso Petroleum Co Ltd v Mardon [1976] EWCA Civ 4 is an English contract law case, concerning misrepresentation. It has also been suggested for it to be called "commercial loss" as injuries to person or property could be regarded as "economic". Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd. S.C.M. That is to say: a person who has a right has duties attached to that right. I hold, therefore, that a builder is liable for negligence in constructing a house - whereby a visitor is injured - and it is no excuse for him to say that he was the owner of it. It would certainly do so when it ought to disclose the damage. She settled the claim with the builder for £625 after getting advice that an action in negligence could not succeed, but continued in an action against the council, and Cusack J awarded damages £2,115. It continues to be cited as an authority in legal cases, and used as an example for students studying law. 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. The house fell down without any fault of hers. In some cases the law has drawn the line to prevent recovery of damages. The garment in question was alleged to contain an excess of sulphite. 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 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 . If he makes it negligently, with a latent defect (so that it breaks to pieces and injures someone), he is undoubtedly liable. Dutton v Bognor Regis. Was it too remote? If liability is imposed on the council, it would tend, I think, to make them do their work better, rather than worse. That cannot be right. They are liable in either case. 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. In Launchbury v. Morgans [1971] 2 Q.B. They are both overruled. Contributory negligence on the part of the dock owners was also relevant in the decision, and was essential to the outcome, although not central to this case's legal significance. But Lord Diplock spoke differently. So here, the inspector has a right (to inspect), and the builder has a duty to let them inspect. Suppose that the defect is discovered in time to prevent the injury. In the first place, the builder was responsible. Mr. Tapp submitted that the inspector owed no duty to a purchaser of the house. 46 . None of them would have known whether an architect or engineer was employed, or not. Would it mean that they would be extra cautious, and hold up work unnecessarily? The injured person can reply: "I do not care whether you were the owner or not, I am suing you in your capacity as builder and that is enough to make you liable.". The very object was to protect purchasers and occupiers of houses. It was accepted that the analyst and the lift inspector would be liable to any person who was injured by consuming the food or using the lift. But I hold that the builder who builds a house badly is liable, even though he is himself the owner. She is in no position herself to bear the loss. It was owed to the other contracting party, and to no one else. It is at this point that I must draw a distinction between the several categories of professional men. Yet they failed to protect them. See Caveat Emptor in Sales of Land: A Consultation Paper from the Conveyancing Standing Committee of the Law Commission (1988) p. 4. There is a good deal in this, but I think the reason is because a subsequent purchaser often has the house surveyed. 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