If ...
A council owns a property, but (as many do, nowadays), utilises the services of a separate company to do repairs and general maintenance.
And if that maintenance company fails to carry out works properly and a member of the public suffers loss in consequence, who is liable? The landowner proper, or their 'agent' in the form of the maintenance company?
I would say the landowner is liable and would have to settle any claim. And that the landowner would then in turn claim from their negligent agent.
Is this right?
A council owns a property, but (as many do, nowadays), utilises the services of a separate company to do repairs and general maintenance.
And if that maintenance company fails to carry out works properly and a member of the public suffers loss in consequence, who is liable? The landowner proper, or their 'agent' in the form of the maintenance company?
I would say the landowner is liable and would have to settle any claim. And that the landowner would then in turn claim from their negligent agent.
Is this right?
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