Brickhill V Cooke Case Summary
NEGLIGENCE, CASES,SOLUTION
CASE STUDY
Brickhill v Cooke [1984] 3 NSWLR 396
Facts
• The prospective purchasers of a property engaged an engineer to inspect the property and prepare a written report.
• The engineer concluded that the property was structurally sound.
• After the property had been purchased, the new owners discovered that the property was not structurally sound and that the engineer had failed to identify five structural defects.
Result
• The engineer 's failure to identify the structural defects, which should have been apparent on any reasonable inspection, meant that the engineer failed to perform the inspection with the reasonable degree of competence expected of a professional engineer.
• The engineer 's duty of care in relation to negligence existed alongside the engineer 's contractual obligations.
• This overlap between negligence and contract will be
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