Closer

摘要

It must be a requirement of any legal system that it offers the parties to a transaction some certainty as to the fundamental principles that govern their relationship. Commercial organisations (and their insurers) are entitled to expect predictability, even if the application of the law to the facts of the particular case is sometimes unpredictable. The ebb and flow of English case law in relation to the liability of construction professionals in the absence of a contract have flouted this basic requirement. Patrick Holmes (21 November, page 60) has flagged up the muddle in Mirant Asio Pacific Construction vs Ove Arup & Partners International Ltd, a case that concerned novation and designers' duties to third parties. I think it warrants a further look.