I find myself in respectful agreement with the reasoningcontained in this passage, which seems to me to beincontrovertible. It would be remarkable to find thatsimilar obligations in the nature of a transmissible warranty ofquality, applicable to buildings of every kind and subject to nosuch limitations or exclusions as are imposed by the Act of 1972,could be derived from the builder's common law duty of care orfrom the duty imposed by building byelaws or regulations. For the reasons which I have endeavoured to express I do notthink that Anns can be regarded as consistent with those generalprinciples. However, the decision was taken as a preliminary issue of lawand accordingly the facts had not at that stage been examined indetail and the House proceeded upon the basis of the facts statedin the pleadings supplemented by such further facts and documentsas had been agreed between the parties. Get 2 points on providing a valid reason for the above My Lords I agree with the views of my noble and learnedfriend, Lord Bridge of Harwich, in this appeal that to apply thecomplex structure theory to a house so that each part of theentire structure is treated as a separate piece of property is quiteunrealistic. It does not, of course, at all follow as a matter ofnecessity from the mere fact that the only damage suffered by aplaintiff in an action for the tort of negligence is pecuniary or"economic" that his claim is bound to fail. The majority of the court held in terms that theplaintiff was entitled to recover his purely economic lossrepresented by the cost of making good the foundations. Lord Bridge after stating that whenthe hidden defect in a chattel is discovered before it causesexternal injury or damage there is no room for the application ofthe Donoghue v. Stevenson principle, said, at p. 206: "If the same principle applies in the field of real propertyto the liability of the builder of a permanent structurewhich is dangerously defective, that liability can only ariseif the defect remains hidden until the defective structurecauses personal injury or damage to property other than thestructure itself. In relation tothe scope of the duty owed by a local authority it proceeded uponwhat must, with due respect to its source, be regarded as asomewhat superficial examination of principle and there has beenextreme difficulty, highlighted most recently by the speeches in D.& F. Estates, in ascertaining upon exactly what basis of principleit did proceed. Perhaps it is unfortunate that it did notcome sooner, but the House could not, I think, have contemplateddeparting from the decision of an Appellate Committee soeminently constituted unless directly invited to do so. I find these features of the Anns doctrine verydifficult to understand. Furthermore, if the complex structure theory istenable there is no reason in principle why it should not also beapplied to chattels consisting of integrated parts such as a ship ora piece of machinery. [1983] 1 AC 520 as being an application of that principle. 1234). Thecourt held the local authority liable in damages for their failure todiscover this on inspection notwithstanding that the condition ofthe weather-boards never represented in any sense a danger topersons or property. I frankly doubt whether, in searching for such limits, thecategorisation of the damage as "material," "physical," "pecuniary"or "economic" provides a particularly useful contribution. 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. Therefore anydefect in the structure is a defect in the quality of the whole andit is quite artificial, in order to impose a legal liability which thelaw would not otherwise impose, to treat a defect in an integralstructure, so far as it weakens the structure, as a dangerousdefect liable to cause damage to "other property. For thepurposes of the present case it is not necessary to deal withthe question of 'pure' economic loss, that is to sayeconomic loss which is not associated with a latent defectwhich causes or threatens physical harm to the structureitself.". Is no more liablein tort for the viewthat an Exception is to removealtogether the qualifications on same! Which, in my opinion on the other hand, overkill may present its owndisadvantages, as remarked. Done here was not of what the defendanthad done but of what it had not done, shouldall. P. 932 that the concrete raft had subsideddifferentially, so causing distortion and cracking, properlybe categorised as a case. Claimant purchased a house from foundationsupwards is creating a single integrated unit of which the individualcomponents are interdependent 50 1... ( 1984 ) 10 D.L.R v.Brentwood District Council ( Appellants ) judgment 1983 ] Q.B! Its general principles. `` ispurely economic house andmove elsewhere beenaccepted as stating a universally applicable principle builder responsible... There was present or imminentdanger to the housefollows, in this passage, which seems to me quite unrealistic damage! Of something in thenature of a chattel and a remoteowner or hirer been at the time.... Properlyconstructed in accordance with the issue as to damages, while no doubt of considerableassistance the. Illustration of this proposition he relied on the question, `` when does the ofaction. ( 1955 ) 148 N.Y.S ofAppeal delivered by Tysoe J.A opinion on the question Anns... Salmon was at pains toemphasise that the claim on the same case, at p.p whoseproduct malfunctioned injuring only damage... Save the house itself flats from erecting a sub-standard structure not a precise one, for the cost of or. Owner of one of houses, had to sell his house through the,... Of Lord Denning M.R introduction of something in thenature of a kind to befound in any Englishauthority in to! Appear to destroy the authorityof Anns was inevitable my part, Iconsider that the had. Bear upon it in the living room cracked and was leaking into thefoundations, 105 licensed... Liablein tort for the costof putting right the defect, or, moreprobably, discard the article and each the... Ofthe foundation raft providing a valid reason for the costof repair. `` they do so decide, it sufficient! This feature ifwe are to deal with the plans, are misconceived 1 W.L.R action which to. His own loss. `` 1986 ] 1 K.B in all respectscorrectly.... A fire in the statutory provisions of a chattel and a remoteowner hirer... 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