Cases - Bower v Peate
Record details
- Name
- Bower v Peate
- Date
- [1876]
- Citation
- 1 Q.B.D. 321
- Legislation
- Keywords
- Party walls
- Summary
-
The plaintiff and the defendant were owners of adjoining houses. The defendant pulled down his house, intending to rebuild it. These works involved the excavation and removal of soil that had supported the plaintiff's house, and also required underpinning. The defendant engaged a builder to carry out the works. The plaintiff's house suffered damage as a result of defective underpinning and lack of support. The defendant argued that he was not liable, as he had engaged a contractor to carry out the works. It was held that the defendant was liable. The Court stated that:
'a man who orders a work to be executed, from which, in the natural course of things, injurious consequences to his neighbour must be expected to arise, unless means are adopted by which such consequences may be prevented, is bound to see to the doing of that which is necessary to prevent the mischief, and cannot relieve himself of his responsibility by employing someone else...to do what is necessary to prevent the act he has ordered to be done from becoming wrongful.'