Commentary

97 Position of subsequent owners of property

BUILDING AND ENGINEERING vol 5

97 Position of subsequent owners of property

97 Position of subsequent owners of property

Where a completed building is defective due to negligent design or construction, personal injury or damage to other property is recoverable in the tort of negligence, but any damage to the building itself is regarded as pure economic loss1. Damages for such loss are not recoverable in the tort of negligence2, in the absence of a special relationship of proximity between the person causing and the person suffering the loss3 so as to infer a duty to avoid or prevent economic loss from occurring. It is unlikely that such a relationship will be

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