Scrutton LJ said: ‘Under those circumstances it appears to me that the cardinal thing which would have to be proved to establish any liability against anybody would be, namely, knowledge of the defect which ultimately resulted in the fall of the wall and (or) failure to acquire that knowledge because you had failed to use reasonable care to ascertain what you should have ascertained.’ and ‘One of the most normal uses of land, it appears to me, is to put buildings on it.’
Scrutton LJ
(1928) 140 LT 1
England and Wales
Citing:
Appeal from – St Anne’s Well Brewery Co v Roberts 1928
. .
Cited by:
Cited – Coope and Others v Ward and Another CA 28-Jan-2015
The court was asked: ‘ (i) whether the Appellants, owed to the Respondents a ‘measured duty of care’ which, in certain circumstances, may arise as between adjoining landowners in respect of a hazard arising on their land without their fault; (ii) . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.542057
