D&F Estates Ltd v Church Commissioners for England and Wales

D&F Estates Ltd v Church Commissioners for England and Wales [1989] AC 177; [1988] 2 All ER 992 was a landmark House of Lords judgment in English law which restricted the duty of care in negligence to cases of physical damage and injury rather than pure economic loss.

Facts

The Church Commissioners owned a block of flats built by a firm of contractors. The plastering work was sub contracted. Fifteen years after the property was built it was found that the plastering work was defective. As there was no direct contractual relationship between the plaintiff and the defendants an action was brought in tort.

Judgment

Court of Appeal

Court of Appeal found that as the contractor had employed a competent sub contractor, therefore no duty of care was owed.

House of Lords

The House of Lords also held that damages were not recoverable in tort.

See also

• Pure economic loss in English law

Notes

External links

• D & F Estates v Church Commissioners for England