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Dutton v Bognor Regis UDC
''Dutton v Bognor Regis Urban District Council'' () 1 QB 373 is an English contract law and English tort law case concerning defective premises and the limits of contract damages. It was disapproved by the House of Lords in ''Murphy v Brentwood DC'' and is now bad law.〔() (UKHL 2 ), () 1 AC 398〕
==Facts==
Mrs Dutton sought to recover damages from a builder, Bognor Regis Building Co Ltd, and the local council, Bognor Regis Urban District Council, that certified her house was sound, when it emerged that her house's foundations were defective because it had been built on a rubbish tip. This would have been discoverable if proper checks were made. Mrs Dutton had bought the building from a Mr Clark, who in turn had bought the building from the builder, so that Mrs Dutton had no direct contract with either the builder or the council. She settled the claim with the builder for £625 after getting advice that an action in negligence could not succeed, but continued in an action against the council, and Cusack J awarded damages £2,115. The council appealed.
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