D&F Estates Limited and Others v Church Commissioners for England and others - Designing Buildings Wiki - Share your construction industry knowledge. To begin with, it makesno sort of sense to accord a remedy where the defective nature ofthe structure has manifested itself by some physical sympton, suchas a crack or a fractured pipe, but to deny it where the defecthas been brought to light by, for instance, a structural survey inconnection with a proposed sale. Thomson (1877) 3 App.Cas. Contains public sector information licensed under the Open Government Licence v3.0. Suppose that the defect is discovered in time toprevent the injury. It is sufficientto say that a cause of action arises at the point I haveindicated.". That point was when damage to the house had occurred resultingin there being a present or imminent danger to the health orsafety of persons occupying it. If the latent, defect causes actual physical damage to the structure of thehouse then I can see no reason in principle why suchdamage should not give rise to a cause of action, at anyrate if that damage occurs after the house has beenpurchased from the original owner. That would open on an exceedinglywide field of claims, involving the introduction of something in thenature of a transmissible warranty of quality. That isan impossible distinction. The allegations inthe statements of claim, in so far as they are based uponnon-compliance with the plans, are misconceived. 522. The DorsetYacht case was concerned with the circumstances under which oneperson might come under a duty to another to take reasonablecare to prevent a third party from committing a tort against thatother. In approaching such a re-examination there are number ofpoints to be made at the outset. In the firstplace, if the basis of the duty is that persons should not be placedin a position of danger it is difficult to draw a logical distinctionbetween danger which manifests itself because of physical damageand danger which is discovered fortuitously, for example, by asurvey or inspection. However, he considered that it was neverthelessnecessary to give some general consideration to the matter in thecontext of the limitation question (p. 759F). They were entrusted by Parliament with thetask of seeing that houses were properly built. 279; La Societe Anonyme deRemorquage a Helice v. Bennetts [1911] 1 K.B. It extendedthe scope in the first place to cover damage to the article itselfand in the second place to remedying a defect which had becomepatent. I have to say, with all respect, that I find it whollyunconvincing. Lord Bridge’s test for duty was put into practice in Murphy v Brentwood … Upon Report from the Appellate Committee to whom wasreferred the Cause Murphy against Brentwood District Council,That the Committee had heard Counsel on Monday the 14th,Tuesday the 15th, Wednesday the 16th, Tuesday the 17th, Mondaythe 21st, Tuesday the 22nd and Wednesday the 23rd days of Maylast, upon the Petition and Appeal of Brentwood DistrictCouncil of Council Offices, Brentwood, Essex, praying that thematter of the Order set forth in the Schedule thereto, namelyan Order of Her Majesty's Court of Appeal of the 21st day ofDecember 1989, might be reviewed before Her Majesty the Queenin Her Court of Parliament and that the said Order might bereversed, varied or altered or that the Petitioners might havesuch other relief in the premises as to Her Majesty the Queenin Her Court of Parliament might seem meet; as upon the caseof Thomas Murphy lodged in answer to the said Appeal; and dueconsideration had this day of what was offered on either sidein this Cause: It is Ordered and Adjudged, by the Lords Spiritual andTemporal in the Court of Parliament of Her Majesty the Queenassembled, That the said Order of Her Majesty's Court ofAppeal of the 21st day of December 1989 complained of in thesaid Appeal be, and the same is hereby, Set Aside and that theOrder o£ His Honour Judge Esyr Lewis of the 25th day ofFebruary 1988 be and the same is hereby Set Aside: And it isfurther Ordered, That the Respondent do pay or cause to bepaid to the said Appellants the Costs incurred by them in theCourts below and also the Costs incurred by them in respect ofthe said Appeal to this House, the amount of such last-mentioned Costs to be certified by the Clerk of theParliaments if not agreed between the parties: And it is alsofurther Ordered, That the Cause be, and the same is hereby,remitted back to the Queen's Bench Division of the High Courtof Justice to do therein as shall be just and consistent withthis Judgment. 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