houses on certain site, following consulting engineers’ report.
for below market price as result.
personal injury or damage to property (other than defective house itself) had
been done, expense incurred by building owner in rectifying defect (or in
vacating premises) was pure economic loss and therefore irrecoverable in tort.
constitutes defect in quality, and to permit recovery in tort would be to
introduce transmissible warrant of quality in absence of any contract.
could be understood on an ‘assumption of responsibility’ basis.
qualification that if building is so close to neighbouring property that it
presents risk to neighbours, building owner should be able to recover in tort
cost of obviating danger.
part of structure which does not perform its function of sustaining the other particles,
and distinct item incorporated in structure which malfunctions and causes
positive damage to structure, eg exploding central heating boiler.