ABSTRACT
The concept of negligence and duty has been discussed in earlier chapters particularly in a construction setting and encompasses just one of various forms of non-contract liability.
In Anns v Merton LBC 568 the local council in 1962 approved building plans for a block of fl ats and construction was completed that year. Then in 1970 structural movements led to walls cracking and other damage and two years later the lessees commenced proceedings against the council, alleging negligence in failing to inspect the building walls properly so as to ensure that the foundations were built to the appropriate depth as shown on the approved plans. Upon hearing the council’s appeal concerning whether the actions were statute-barred, the House of Lords agreed to consider whether the council were under a duty of care. The Court held that under the Public Health Act 1936 the council had a power, as opposed to a duty, to inspect building work to ensure compliance with the by-laws and that the failure to carry out inspections would not render the council liable unless two things were proved, ie, that they had failed to properly exercise their discretion not to make an inspection and that they failed to exercise reasonable care to ensure compliance with the by-laws. It was further held that where such inspections were carried out, the council retained a discretion as to the manner in which such inspections were performed and if such discretion was not bona fi de exercised, the council might be liable in negligence for failure to take reasonable care.
