Building an Extension on the House of Negligence: The High Court on Builder's Liabililty in Bryan v Maloney

Loading...
Thumbnail Image
File version
Version of Record (VoR)
Author(s)
Hocking, Barbara Ann
Orr, Graeme
Griffith University Author(s)
Primary Supervisor
Other Supervisors
Editor(s)
Date
1995
Size
File type(s)
Location
License
Abstract

A perennially litigious area of the law of negligence is that dealing with builders' liability. The recent High Court decision in Bryan v Maloney1 , in recognising builder's liability to future owners of dwellings, for economic loss caused by structural flaws, illustrates the extent to which this is potentially one of the most expansive areas of the law. This commentary focuses on the joint judgment of Mason CJ, Deane and Gaudron JJ: Toohey J delivered a separate, essentially concurring opinion, whilst Brennan J dissented strongly. After considering the judgments in some detail, we argue that this case can be seen as a continuation of a trend in appellate court treatment of negligence: the protection of the consumer interests of those private or civilian plaintiffs who could be said to be vulnerable by reason of a practical absence of adequate means of self-protection in their dealings with expert or specialist suppliers of goods or services.

Journal Title
Griffith Law Review
Conference Title
Book Title
Edition
Volume
Issue
Thesis Type
Degree Program
School
DOI
Patent number
Funder(s)
Grant identifier(s)
Rights Statement
© 1995 Griffith Law School. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
Rights Statement
Item Access Status
Note
Access the data
Related item(s)
Subject
Nutrition and Dietetics not elsewhere classified
Law
Persistent link to this record
Citation
Collections