1.2.5. The Authority entered into a deed contract with the Developer which establishes the limitation period to 12 years. There won’t be any statute-barred issue with the Developer for a few years.
1.2.6. The Authority entered into a “Deed of Warranty” with the Contractor. The Authority should note that the Construction Contract between the Contractor and the Developer is simple contract which limits contractual proceeding period to 6 years. Since the practical completion date is 31 August 2010, the Authority should submit claims against the Contractor immediately.
1.2.7. The Authority shall sue the Employer’s …show more content…
Caparo Industries plc v Dickman8 (1990) is another case on tort for the duty of care. The House of Lords, subsequently the Court of Appeal, presented a "three-fold test" or Caparo Test to understand whether the reason of negligence is duty of care or not.
(a) the harm should be fairly predictable as a result of the defendant's behaviour;
(b) the parties should be in a relationship of concurrency,
(c) it should be impartial, just and reasonable to impose liability. (Limited, 2016)
1.3.13. In Henderson v Merrett Syndicates Ltd (1995) case, according to Henderson Principle, in the event that a defender accepts accountability for the monetary interests of a claimant and where they know or should realize that their expertise or ability will be depended upon by that defendant, a duty of care will emerge.
1.3.14. Barclays Bank v Fairclough (1995),9 a subcontractor owed duty to compensate the economic loss of the main Contractor in respect of economic loss since the subcontractor carried out the works negligently. (Uff, 2013, p. 435)
1.3.15. As explained in abovementioned cases, the Authority shall prove that the Subcontractor were aware that the parties trusted and relied upon their professional’s skill and