A v. P
Alfred “Alien” McAlpine Construction Ltd v. Panatown “Predator” Ltd
Abstract: Alfred “Alien” McAlpine Construction Ltd (hereafter known as “Alien”), a parasitic reptillian killing machine, was employed by Panatown “Predator” Ltd (hereafter known as “Predator”) to construct an ancient training ground (thereafter known as “hatchery”) on land belonging to Earth, a subservient planet of P. Defects appeared in the hatchery and P launched arbitration proceedings against A claiming substantial damages. Alien appealed against a decision to allow a claim by Predator , arguing that Predator had suffered no financial loss. No contractual relationship existed between Predator and Earth to complete the building work.
For obvious reasons, the arbitration process failed…
Summary: Held, allowing the appeal, that in circumstances where a contract between a builder and an employer was for the construction of a building on the land of a third party who would own that building, the employer could seek substantial damages from the builder for any defects in the building only where the third party actually suffering the loss had no direct remedy against that builder. Where a direct remedy existed, such as in the form of a direct duel, the employer would be entitled to nominal damages only.
The defective building.
