The Law Reports (Queen's Bench Division)
[1978] QB 554
[COURT OF APPEAL]
BATTY AND ANOTHER v. METROPOLITAN PROPERTY REALISATIONS LTD. AND OTHERS
1977 Oct. 31;
Nov. 1, 2, 7, 8
Nov. 1, 2, 7, 8
Megaw, Bridge and Waller L.JJ.
Negligence
— Duty of care to whom?
— Building site
— Developers and builders inspecting land before building house
— Defects in surrounding land indicating possibility of landslide
— House properly constructed
— Landslide damaging garden
— Future landslide likely to damage house
— Whether house fit for habitation
— Whether cause of action against builder
— Duty of developers and builders to inspect land
Negligence
— Tort or breach of contract
— Property developer
— House purchasers claiming damages for breach of warranty and negligence
— Whether entitled to have judgment entered in tort as well as contract