Does a builder’s contract terms have an impact on the liability of the builder in tort?
Alberta, Canada
The following excerpt is from Hansen v. Twin City Construction Company, 1982 CanLII 1121 (AB QB):
In Anns v. Merton London Borough, supra, Lord Wilberforce clearly stated that contract terms could have an impact on a builder’s liability in tort. He decided the case “leaving aside such cases as arise between contracting parties, when the terms of the contract have to be considered” (p. 504).
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