Welcome

Robinson v PE Jones Ltd [2011] 3 WLR 815

ResourcesRobinson v PE Jones Ltd [2011] 3 WLR 815

Facts

  • Mr. Robinson purchased a house constructed by PE Jones Ltd.
  • The property was subsequently found to have defective foundations, resulting in significant structural issues.
  • Mr. Robinson brought a claim against PE Jones Ltd, alleging negligence in the construction and seeking damages for the cost of repairs.
  • The losses claimed were purely economic, relating to repair costs without accompanying physical damage to persons or property.
  • There was a contractual relationship between Mr. Robinson and PE Jones Ltd regarding the purchase of the property.

Issues

  1. Whether PE Jones Ltd owed Mr. Robinson a duty of care in tort to avoid causing pure economic loss in the context of defective construction.
  2. Whether a duty of care in tort can coexist with contractual obligations where the parties’ contract defines their rights and liabilities.
  3. Whether the absence of a special relationship precludes recovery in tort for pure economic loss arising from defective performance of a contract.

Decision

  • The Court of Appeal held that, in the absence of a special relationship, PE Jones Ltd did not owe Mr. Robinson a duty of care in tort for pure economic loss resulting from defective construction.
  • The contractual relationship between the parties was determinative of their rights and remedies, including limitations on liability.
  • The court found that tort law should not be used to circumvent the terms or limitations expressed in the contract.
  • Mr. Robinson could not recover in tort for losses that were not recoverable under the contract.
  • The Court emphasized policy concerns, including the risk of indeterminate liability, as grounds for refusing to extend tortious duties in such circumstances.
  • The existence of a contract generally limits the scope of tortious duties between contracting parties for pure economic loss.
  • Concurrent liability in contract and tort is limited; a duty of care in tort for pure economic loss arises only in specific cases, such as the existence of a special relationship.
  • Recovery for pure economic loss in tort is restricted to avoid creating indeterminate liability, particularly in the absence of contractual privity or duty.
  • The terms of the contract, including any exclusions or limitations, define the parties’ primary obligations and remedies.
  • The principles set out in prior leading cases, such as Henderson v Merrett Syndicates Ltd [1995] 2 AC 145, Caparo Industries plc v Dickman [1990] 2 AC 605, and Murphy v Brentwood District Council [1991] 1 AC 398, were reaffirmed.

Conclusion

The Court of Appeal confirmed that a duty of care in tort for pure economic loss does not arise where a contract defines the parties' obligations and no special relationship exists, reinforcing the primacy of contractual terms in allocating risk and remedies for defective performance.

Assistant

Responses can be incorrect. Please double check.