Defective Buildings and Defective Law: the Duty of Care in Negligence

Abstract

Under Hong Kong law, an owner of property with defects caused by the builder or architect's negligence has no legal remedy. This position has come about as a result of the reception of pre-handover English authorities characterizing such property damage as economic loss, and therefore outside of the law's protection. It is here argued that this position runs counter to common sense notions of fairness and the expectations of ordinary people, is not supported by social and economic policy considerations, nor defensible legal principle, and should be judicially repealed at the first opportunity.