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Tort Law - Defective Premises Summary/Problem Question Structure
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Comprehensive summary/exam notes on the topic of defective premises in Tort Law, under both the Defective Premises Act 1972 and the Building Safety Act 2022. This document sets out a structure that can be used to answer any problem question on this topic. It sets out in detail 4 different claims: a...

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  • October 7, 2024
  • 4
  • 2022/2023
  • Summary

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Defective Premises
1. Section 1 Claim:
s.1 Defective Premises Act 1972:
Claimant = person for whom the work is done and anyone who subsequently
gets an interest in the dwelling (s.1(1)(a)-(b)).
Unlike contract – legal or equitable interest in the building.
Defendant = anyone taking on work for or in the connection with the
provision of a dwelling (s.1(1))
Not work done subsequently – unless to remedy something wrong
with the original (s.1(5)).
Seems similar to s.2A claim – s.1(5) is a historical claim and
so has more generous time limit than s.2A claim.
Includes enlargement so would include an extension.
Duty = “To see that the work which he takes on is done in a workmanlike
or, as the case may be, professional manner, with proper materials and so
that as regards that work the dwelling will be fit for habitation when
completed” – s.1(1)
Time limit = used to be 6 years.
Problematic for subsequent owners as lots of buildings are older than
6 years.
Changed by s.135 Building Safety Act 2022:
New claim = 15 years.
Historical claim = 30 years (before section came into force)
Rendlesham Estates plc & Others v Barr Ltd –
Claimants are entitled to the costs of rectifying the applicable defects.
Claimants can also recover for losses that flow reasonably from the
fact that the premises are not fit for human habitation.
2. Section 2A Claim:
s.2A Defective Premises Act 1972 introduced by s.134 Building Safety Act 2022:
Claimant = person for whom the work is done and anyone who subsequently
gets an interest in the dwelling (s.2A(3)(a)-(b)).
Defendant = anyone taking on work in relation to any part of a relevant
building (s.2A(1)).
Another duty – includes work done subsequently.
e.g., replacing cladding, rewiring electrics, knocking down walls etc.
Duty = “To see that the work is done in a workmanlike or (as the case may
be) professional manner, with proper materials and so that as regards the
work the dwelling is fit for habitation when the work is completed” – s.2A(3)
Time Limit = 15 years.
s.135 Building Safety Act 2022 – as s.2A only comes into effect
when BSA came into force.
Defence = “I just followed your instructions” unless have a duty to warn,
s.2A(5)
3. Section 148 Claim:
s.148 Building Safety Act 2022 – liability relating to construction products:
Enables claimant to go after another person – manufacturers.
Concerning substance rather than formation.
Four Conditions - narrow:
Condition A – identifying what is a defective construction product –
s.148(2):
- A person fails to comply with a constructive product
requirement in relation to a construction product,

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