5 Mar 2012
MARLBOROUGH DISTRICT COUNCIL v ALTIMARLOCH JOINT VENTURE LIMITED SC 33/2010
- Citation
- MARLBOROUGH DISTRICT COUNCIL v ALTIMARLOCH JOINT VENTURE LIMITED SC 33/2010
- Court
- Supreme Court
The Court held that territorial authorities can owe a duty of care when negligently supplying LIM information relied upon to the claimant's detriment; the proper measure of damages depends on the nature of the claim — damages under s6 CRA are prima facie expectation/performance (including cost of cure) but cost of cure is appropriate only where it is reasonable and reflects the claimant's performance interest; a tortfeasor's liability is limited to the loss caused in tort (detriment) and can be reduced or extinguished by recovery from the contracting wrongdoer; equitable contribution requires…