Anns v Merton London Borough Council [1978] AC 728 PDF

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Anns v Merton London Borough Council [1978] Case summary (The Anns Test)...

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Explain the facts of the case and judgment of the court (Anns test). Facts While building a block of flats the foundations were made 2ft 6in deep instead of the required 3ft deep. This significant error caused the flats to have structural issues. Tenants of the block of flats claimed the Council was responsible for inspecting the foundations during construction. Issues (a) Whether the local authority had negligently failed to inspect the foundations, b) Whether the local authority was responsible for negligently inspecting the foundations. Held: The House of Lords held the council did owe a duty of care to make certain that the foundations were of the correct depth. The court explained that the defendant ought to have foreseen harm even if committed by a 3rd party. Lord Wilberforce introduced the ‘Anns test’, this was a two-stage test in order to establish a duty of care. However, it has since been overruled by Caparo v Dickman three-stage test for establishing a duty of care (DOC). Lord Wilberforce's two stage test: "in order to establish that a duty of care arises in a particular situation, it is not necessary to bring the facts of that situation within those of previous situations in which a duty of care has been held to exist. Rather the question has to be approached in two stages. First one has to ask whether, as between the alleged wrongdoer and the person who has suffered damage there is a sufficient relationship of proximity or neighbourhood such that, in the reasonable contemplation of the former, carelessness on his part may be likely to cause damage to the latter—in which case a prima facie duty of care arises. Secondly, if the first question is answered affirmatively, it is necessary to consider whether there are any considerations which ought to negative, or to reduce or limit the scope of the duty or the class of person to whom it is owed or the damages to which a breach of it may give rise."...