Defective Buildings and Defective Law: The Duty of Care in Negligence

Hong Kong Law Journal, Vol. 30, p. 206, 2000

Posted: 18 Aug 2006

See all articles by R Glofcheski

R Glofcheski

The University of Hong Kong - Faculty of Law

Abstract

Under Hong Kong law, an owner of property with defects caused by the builder or architect's negligence has no legal remedy. This position has come about as a result of the reception of pre-handover English authorities characterizing such property damage as economic loss, and therefore outside of the law's protection. It is here argued that this position runs counter to common sense notions of fairness and the expectations of ordinary people, is not supported by social and economic policy considerations, nor defensible legal principle, and should be judicially repealed at the first opportunity.

Suggested Citation

Glofcheski, Richard A., Defective Buildings and Defective Law: The Duty of Care in Negligence. Hong Kong Law Journal, Vol. 30, p. 206, 2000, Available at SSRN: https://ssrn.com/abstract=925202

Richard A. Glofcheski (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01247

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