Before liability can arise under a repairing covenant, the subject matter of the covenant must have deteriorated so as to be in a condition worse than it was at some earlier time1. Repair has been said to connote the idea of making good damage2. Thus, a covenant to repair the structure does not oblige the covenantor to remedy a design fault which does not result in damage to the structure3; and an element in a building may not perform its function but nevertheless not be out of repair4. If the building is in no worse condition than when it
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