30 May 2014
BODY CORPORATE 90315 & ORS v REDICAN ALLWOOD LIMITED [2014] NZHC 1212
- Citation
- [2014] NZHC 1212
- Court
- High Court
Clear, repeatedly stated disclaimers and contractual terms limiting the report to the named client and excluding weathertightness assurance meant Rastros had no contractual privity, could not reasonably rely on the report, and no proximate duty in tort or liability under the Fair Trading Act arose; identical reasoning excludes personal liability of the employee, so the third party claims are untenable and struck out.