3 Dec 2008
NORTHERN CLINIC MEDICAL & SURGICAL CENTRE LIMITED V KINGSTON AND ORS HC AK CIV 2006-404-000968
- Citation
- openlaw-1484714f_5581_49b8_b30e_320c334f76f2.pdf
- Court
- High Court
On the evidence and pleaded case Northern Clinic could not establish that Vesey entered into a subcontract or contract of guarantee enforceable by the principal and, further, there was no sufficient proximity or special relationship to impose the novel tort duty claimed; the plaintiff's loss is principally economic from latent defects and absent a transmissible contractual warranty or special proximity is not recoverable in tort; accordingly summary judgment was granted for the defendant on all causes of action.