100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Tort Law - Defective Premises Summary/Problem Question Structure £8.16
Add to cart
Quickly navigate to
Preview
  2.  
  3. Oxford University (OX)
  4.  
  5. Tort Law

Summary

Tort Law - Defective Premises Summary/Problem Question Structure
 6 views  0 purchase

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...

[Show more]

Preview 1 out of 4  pages

Document information

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

Subjects

Written for

All documents for this subject (13)

Seller

avatar-seller
bethjscott5713

Content preview

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,

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller bethjscott5713. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £8.16. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

53022 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now

Start selling
£8.16
  • (0)
Add to cart
Added