Warner v Hendrick [1985] JLR 366 (27 August 1986)
- Citation
- [1985] JLR 366
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Employer who inspects and pays for completed construction work cannot recover damages for apparent defects, only for hidden defects.
Court disposition
claim for damages for apparent defects dismissed
02
Material facts
Parties
Warner
EmployerHendrick
Contractor03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
Whether employer can recover damages for apparent defects after inspecting and paying for completed work
Party arguments
- Applicant
- Employer seeks damages for defects in construction work after inspection and payment.
- Respondent
- Contractor argues employer cannot recover for apparent defects after inspection and payment, only for hidden defects.
05
Court’s reasoning
Legal principles
- 01
Jersey construction law
If employer has opportunity to inspect completed work and makes full payment, may not recover damages for apparent defects but only for hidden defects.
06
Ratio, limits and disposition
Ratio decidendi
Employer who inspects and pays for completed construction work cannot recover damages for apparent defects, only for hidden defects.
Court disposition
claim for damages for apparent defects dismissed
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Warner v Hendrick [1985] JLR 366 (27 August 1986) URL: https://www.bailii.org/je/cases/JLR/1986/JLR850366.html Cite as: [1985] JLR 366 [ New search ] [ Help ] Warner v Hendrick 1985 JLR 366 (27 August 1986) Construction Industry - defective construction - vices apparents - inspection by employer-if employer has opportunity to inspect completed work and makes full payment, may not recover damages for vices apparents but only for vices caches The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1985 JLR 366 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1986/JLR850366.html
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