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In construction contracting, a latent defect is defined as a defect which exists at the time of acceptance but cannot be discovered by a reasonable inspection. [2]In the 1864 US case of Dermott v Jones, the latent defect lay in the soil on which a property had been built, giving rise to problems which subsequently made the house "uninhabitable and dangerous".
Such a defect is latent when it is one which is not visible or discoverable upon an inspection of the res vendita." [3] The court held on the evidence that Holmdene's bricks did indeed contain a latent defect, and that the demolition of the walls was a natural and foreseeable consequence of this breach.
One class of case which is particularly apposite here concerns latent defects in goods: in modern words "product liability." In many of these cases the manufacturer is liable in contract to the immediate party for a breach of his duty to use reasonable care and is liable in tort to the ultimate consumer for the same want of reasonable care.
Henry Kendall Ltd v William Lillico Ltd [1969] 2 AC 31 is an English contract law case concerning the incorporation of contract terms through a course of dealings. Facts [ edit ]
The court ruled that the defect in the radiator was latent, but that the car yard would have been aware of this defect at the time of the sale. The defective radiator made the car unsuitable for what the purchasers wanted to use the car for, namely for towing a boat.
Image credits: gwart_ #3. I had a case where a guy was charged for running a red light. The thing is, he had been sitting at the lights for five minutes, and it hadn’t changed.
Getting older has a few perks — wisdom, greater perspective on life and senior discounts among them — but most of us associate aging with the harsh reality of wrinkles, joint problems and a ...
Under the principle of caveat emptor, the buyer could not recover damages from the seller for defects on the property that rendered the property unfit for ordinary purposes. . The only exception was if the seller actively concealed latent defects or otherwise made material misrepresentations amounting to fra