- January 2, 2013
Designers’ liability and their duty to warn
In Cleightonhills v Bembridge Marine Ltd and others, Akenhead J held that a designer could not recover from those involved in a construction project down the line. On the facts, the third parties had not breached their duty of care in tort. The decision also includes some interesting discussions on obiter points, including whether there … Continue reading Designers’ liability and their duty to warn →
- September 4, 2012
Reasonableness of exclusion clauses in downstream supply contracts
The judgment in Allen Fabrications Ltd v ASD Ltd discusses the use and reasonableness of limitation and exclusion clauses in downstream supply contracts. Given the number of supply contracts in the construction industry, this is an important decision for those who produce parts that are then used to manufacture products, and who use such clauses to … Continue reading Reasonableness of exclusion clauses in downstream supply contracts →
