Searley v Dawson [1971] JJ 1687 (19 March 1971)

The employer is liable to the neighbour for damages caused by the negligence of the architect and contractor and cannot transfer this liability to them.

Citation: [1971] JJ 1687
Parties: Plaintiff: Searley; Defendant: Dawson
Jurisdiction: Jersey
Judgment Date: 19 March 1971
Procedural Posture: Civil / Judgment
Outcome: employer held liable to neighbour
Legal Topics: Negligence, Damages, Liability of Employer, Third Party Liability

Tort Construction Law Negligence Damages Liability of Employer Third Party Liability

Case Brief

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Parties

Searley

Plaintiff

Dawson

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether an employer can pass liability for damages to a neighbour caused by the negligence of an architect and contractor.

Ratio Decidendi

The employer is liable to the neighbour for damages caused by the negligence of the architect and contractor and cannot transfer this liability to them.

Court Disposition

employer held liable to neighbour