Batty v Metropolitan Property Realisations Ltd
[1978] QB 554
Ratio Decidendi
A developer owes a duty of care to purchasers in respect of the fitness of the site for building, even where the actual construction work is carried out by independent contractors.
Facts
Houses were built on a hillside which subsequently suffered a landslip. The purchasers sued the developers for negligence in failing to ensure the site was suitable for construction.
Judgment Summary
The Court of Appeal held the developers liable. They had a duty to take reasonable care to ensure the site was fit for building, and this duty could not be delegated to independent contractors.
Key Quotes
"The developer who selects and develops a site owes a duty of care to the purchaser in respect of the site itself."
— Megaw LJ
Subsequent Treatment
Followed in Murphy v Brentwood and later building defect cases, though the scope of duty was narrowed.