In what circumstances will a company be able to recover the cost of repairing latent defects in a crane?
Alberta, Canada
The following excerpt is from Carwald Concrete and Gravel Co. Limited v. General Security Insurance Company of Canada, 1985 ABCA 288 (CanLII):
In Rivtow Marine Limited v. Washington Iron Works 1973 CanLII 6 (SCC), [1974] S.C.R. 1189, the majority held that the cost of repairing latent defects in the crane was a purely economic loss and not recoverable. The latent defects created a risk of collapse but they were repaired before physical damage resulted from a collapse.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a defect in design a latent defect in the machinery covered by an all-risk policy? (Alberta, Canada)
In what circumstances can a shareholder in a company with a memorandum of intent and a shareholder's vote of no confidence in the company's general law? (Alberta, Canada)
In what circumstances will a company be able to continue to operate under different names? (Alberta, Canada)
Can a vendor's silence or misstatement to a purchaser of a latent defect amount to a misrepresentation? (Alberta, Canada)
What is the test for latent defects in a construction project? (Alberta, Canada)
What is the difference between a prior flooding incident and a latent defect? (Alberta, Canada)
Can directors of a company purchase their shares without disclosing pending negotiations for the sale of the company's undertaking? (Alberta, Canada)
In what circumstances will a plaintiff be able to bring a claim against a pharmaceutical company for medical malpractice? (Alberta, Canada)
Does the fact that a landlord has reserved the right to enter the premises to effect repairs, or to keep the premises in a state of repair, have any liability towards the tenant? (Alberta, Canada)
Can shareholder of a company take action against the person who causes damage to the company? (Alberta, Canada)
