Am I my brother's keeper? - A duty to warn about the failure of others?

Am I my brother's keeper? - A duty to warn about the failure of others?

Andrews Property Services Ltd v Body Corporate 160361 [2016] NZCA 644

This is an interesting case as builders, who were employed to fix the exterior of a leaky apartment complex, were not found to have a duty to warn the owners that a survey of the external damage had not been completed by the architects.  However, the CA warned that there could be a duty in other circumstances.

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Limitation periods - when does the clock start?

Limitation periods - when does the clock start?

Roose v Duthie [2016] NZCA 600

This case provides a distinction between loss in a "flawed transaction" and loss in a "no transaction" in the context of sale and purchase of property.

The Court of Appeal also makes it clear that the subsequent discovery of fraud can be used to justify postponing the start of the limitation period in an existing cause of action.

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