Anns v Merton London Borough Council 326 words (1 pages) Case Summary 28th Sep 2021 Case Summary Reference this In-house law team Jurisdiction / Tag (s): UK Law Share this: LinkedIn Legal Case Summary Anns v Merton London Borough Council [1978] AC 728 The availability of a duty of care in negligence Facts Anns v Merton London Borough Council [1977] UKHL 4, [1978] AC 728 was a decision of the House of Lords that established a broad test for determining the existence of a duty of care in the tort of negligence, called the Anns test or sometimes the two-stage test for true third-party negligence. The case was overruled by Murphy v Brentwood DC [1991].
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The legal issue in Anns v Merton London Borough Council centred on the duty of care owed by a local authority in its role as a building inspector. Anns v Merton questioned whether the local authority was liable for either failing to inspect or negligently inspecting the foundations of a building block, resulting in structural damage. Anns v Merton London Borough Council [1978] AC 728 House of Lords The claimants were tenants in a block of flats. The flats suffered from structural defects due to inadequate foundations which were 2ft 6in deep instead of 3ft deep as required. The defendant Council was responsible for inspecting the foundations during the construction of the flats. Governmental Liability, the Tort of Negligence and the House of Lords Decision in Anns v. Merton London Borough Council - McGill Law Journal Case Comment Volume 24:2 September 1978 Governmental Liability, the Tort of Negligence and the House of Lords Decision in Anns v. Merton London Borough Council Case Comment by Michael G. Bridge Anns v Merton LBC [1978] AC 728 by Lawprof Team In shop: First-class Oxford tort law notes Law has never been this simple Key points Negligence carried a prima facie duty of care Defective property is a form of physical damage to property that is actionable in negligence - note that this was later rejected, see Murphy v Brentwood DC [1991] 1 AC 398
Case Analysis Anns v Merton London Borough Council [1978] AC 728 DBM4063 Business Law
Anns v Merton London Borough Council Smart Summary (Beta) Facts In February 1970, structural movements began to occur in dwellings constructed by builders in the area of the defendant council. Michael G Bridge, 1978 24-2 McGill Law Journal 277, 1978 CanLIIDocs 125 Anns v Merton London Borough Council [1978] AC 728 House of Lords The claimants were tenants in a block of flats. The flats suffered from structural defects due to inadequate foundations which were 2ft 6in deep instead of 3ft deep as required. The defendant Council was responsible for inspecting the foundations during the construction of the flats. Go to: Facts and judgement for Anns v Merton LBC [1978] AC 728: Ps were letters of flats over which R had rights and duties of owner. Cracks appeared in the wall.
Anns v Merton London Borough Council [1978] AC 728 Explain the facts of the case and judgment
Anns v Merton London Borough Council [1977] UKHL 4, [1978] AC 728 is a landmark case in English tort law that established a broad test for determining the existence of a duty of care in the tort of negligence called the Anns test (also known as a two-stage test) for true third-party negligence. In the case, the plaintiff, Mrs Anns, owned a. Anns v Merton London Borough Council Judgment Cited authorities 40 Cited in 417 Precedent Map Related Vincent Categories Tort Negligence Practice and Procedure Court Structure Damages and Restitution Damages Housing Housing Tenure Health and Safety Law Health and Safety Anns and Others (Respondents) and London Borough of Merton (Appellants)
After a decade of adventure, Anns v. Merton Borough Council has been killed off. The case that seemed to many to be the most important statement of the law of negligence in England since Donoghue v. Stevenson has been finally done to death by a specially augmented House of Lords in Murphy v. Brentwood District Council? Anns v Merton London Borough Council [1977] UKHL 4, [1978] AC 728 was a decision of the House of Lords. It established a broad test for determining the existence of a duty of care in the tort of negligence called the Anns test or sometimes the two-stage test for true third-party negligence. This case was overruled by Murphy v Brentwood DC [1991].
Economic loss 2 Mind map Economic Loss Anns v Merton London Borough Council Cracks appeared
Tenants of the block of flats claimed the Council was responsible for inspecting the foundations during construction. The House of Lords (the predecessor to the Supreme Court) held that the Council did owe a duty of care to ensure the foundations were at the correct depth. Anns v Merton London Borough Council: Download Judgment Merton London Borough Council, 1 Lord Wilberforce, in considering the negligence liability of a local authority arising out of the exercise of its statutory powers to inspect buildings under construction, drew a distinction between the "policy" and "operational" aspects of the authority's functions and suggested that liability would more readily.
