Murphy V. Brentwood District Council 1991 Ac 398

OBJECTIVES AND METHODOLOGY

OBJECTIVES:

TO STUDY AND CRITICALLY ANALISE THE CASE IN THE CONTEXT OF THE PRINCIPLES INVOLVED.

TO DRAW UP THE COMMON INFERENCE WHILE STUDYING THE USE OF THE PRINCIPLE IN OTHER CASES.

METHODOLOGY

THE BASIC METHODOLOGY ADOPTED TO PREPARE THIS RESEARCH IS DEDUCTIVE THAT IS TO STUDY VARIOUS CASES, TO ANALYSE THE LAWS IN THE SAME TOPIC AND UNDERSTAND THE GENERAL PRINCIPLE TO DRAW A GENERAL CONCLUSION.

TABLE OF CONTENTS

1:......................................INTRODUCTION

2:......................................PRINCIPLES INVOLVED

3:......................................CRITICAL ANALYSIS

4:......................................CONCLUSION

5:......................................BIBLIOGRAPHY

INTRODUCTION

Since the Annus case the trends rather we should say the general trends were to provide the damages to the owner of the premises and they were purely economic losses. But in this case that trend was overruled and there began a new trend and new principles that we will come across while going through the whole project. There were many questions raised like a duty of care is owed to whom? How damages can be provided in a particular case like this? But one thing is for sure that this case can be considered as a landmark case in the history of `Torts' as we come across a very few cases where the well established principles like here are overruled.

A BRIEF INTRODUCTION OF THE CASE

MATERIAL FACTS

The plaintiff bought a built as such to the plans approved by the defendants. But the independent consulting engineers who had carelessly failed to note an error in the calculations which rendered inadequate the concrete raft foundation necessited by the sl...

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The requirement that the house be "imminently dangerous" was was unworkable and the novel type of damage introduced byAnnus was inherently unstable and indeterminate: if seen as personal injury, the damage is purely potential, not actual; If seen as actual,it is economical loss, the money needed to make the house safe.

Therefore there arose a requirement of the new principles which could overrule the orthodox principles as established by the Annus case and this was nicely done by Murphy v. Brentwood district council case.

BIBLIOGRAPHY

BOOKS -

Dr. R. K. Bangia, Law Of Torts, (Allahabad Law Agency, Faridabd, 17th edn., 2003)

Justice G. P. Singh (Ed.), Ratan Lal & Dhiraj Lal On The Law Of Torts (Wadhwa And Company, Nagpur, 24th edn., 2002)

REPORTERS

ALL ENGLAND REPORTERS

WEBSITES VISITED -

WWW.GOOGLE.COM

WWW.WESTLAW.COM