
Contents
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The Common Law: Negligence The Common Law: Negligence
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Introduction Introduction
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Categorization of damage in the tort of negligence Categorization of damage in the tort of negligence
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The duty of care in relation to pure economic loss: Reliance The duty of care in relation to pure economic loss: Reliance
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The position of the construction professional towards their employer The position of the construction professional towards their employer
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The position of the construction professional towards those who are not their employer The position of the construction professional towards those who are not their employer
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The liability in tort of contractors and sub-contractors and complex structures The liability in tort of contractors and sub-contractors and complex structures
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The effect of contractual structure on tortious liability The effect of contractual structure on tortious liability
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Personal injury and other property Personal injury and other property
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Intermediate inspection Intermediate inspection
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Duty of care owed by the employer’s professional to a contractor Duty of care owed by the employer’s professional to a contractor
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Liability for the negligence of independent contractors Liability for the negligence of independent contractors
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The Common Law: Nuisance The Common Law: Nuisance
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Legislative provisions Legislative provisions
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Defective Premises Act 1972 Defective Premises Act 1972
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Building Act 1984 and associated regulations Building Act 1984 and associated regulations
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Party Wall etc Act 1996 Party Wall etc Act 1996
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EC legislation: Consumer Protection Act 1987 EC legislation: Consumer Protection Act 1987
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6 Tort and Construction Law
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Published:May 2021
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Abstract
This chapter analyses the law of tort that relates to damage and addresses the question of whether the damage is actionable if it is caused by someone’s negligence. It explains how the law of tort is not to be understood only by the creation of a legal duty rather is dependent upon damage. It also notes the recovery in tort if someone has suffered damage, which is in contra-distinction to the law of contract. This chapter looks at damage and its categorization, focusing on the tort of negligence in relation to defective structures that has two separate species. It describes the first species that permits recovery for direct costs or losses that suffered as a result of a negligent act or omission, while the second species relates to all losses.
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