•  
  •  
 
Dalhousie Journal of Legal Studies

Abstract

In the 1990 decision of Murphy v. Brentwood District Council, the British House of Lords unanimously overruled the landmark judgment in Anns v. Merton District Council. In his judgment, Lord Keith states: "My Lords, I would hold that Anns was wrongly decided as regards the scope of any private law duty of care resting on local authorities in relation to their function of taking steps to secure compliance with building byelaws or regulations..." This decision runs contrary to the Supreme Court of Canada decision in Kamloops v. Nielsen. In light of this development, it is valuable to speculate upon whether Murphy will affect the liability of public authorities in Canada.

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License.

Included in

Law Commons

Share

COinS