chapter  4
Pages 16

This chapter focuses on a construction setting, and encompasses just one of various forms of non-contract liability. The trial court held that the original contractor, Wates, had acted reasonably in subcontracting the plastering work and in selecting the subcontractor. The Court of Appeal also held that Wates was not liable for damages in tort in respect of the cost of the future remedial work not yet carried out since it represented pure economic loss. In the case of sub-contractors such as those concerned in the present case, the position would be that they warranted to the building owner that the flooring, when laid, would be as well designed, as free from defects of any kind. The justification for this is that employers obtain the benefit of their employees' services and should, therefore, also take the disadvantages of this employment relationship.