10 Jan 2012
ALDRIDGE V BOE HC AK CIV-2010-404-7805
- Citation
- openlaw-3e555bc0_e504_42c0_91e0_37adfcbc5427.pdf
- Court
- High Court
On appeal the Court held the Tribunal erred in finding volenti and lack of causation: purchasers did not have subjective knowledge of the latent defects and thus volenti fails, and their purchase did not operate as a novus actus interveniens breaking causation. The Court upheld that the alleged pre‑contract representations were either protected by an advance purchaser acknowledgement (clause 5.2) or were not actionable (consultant's report) and that the vendor warranty in clause 14.2 was effectively excluded in the circumstances by clause 5.3. The Court found the Tribunal erred to find Mrs Bo…
- Volenti non fit injuria
- Causation (novus actus interveniens)
- Misrepresentation
- Vendor warranty
- Head contractor liability
- Code compliance certificate