Vicarious Liability?????

[MJack]

Hi...

 

I recently went to a builders merchants to research a roofing material.

 

The company when I asked if they knew of any good installers gave me the name of one,whom I rang and got him to do the roofing job.

 

Subsequently the roofer was more cowboy than John Wayne and after botching the job(which I am taking him to small claims court for)I went to visit the merchants and told them about the issues.

 

They pretty much said unlucky ...now...p**s off...!

 

Of course I am extremly mad aboutt his and am wondering does any legal resposibility lay at the merchants door for recommending the installer.

 

 

Thanks Guys..

 

Matt

[mjt2013]

What would your damages be against them if you are already suing the builder himself?

[ploddertom]

Did you just take the Merchants word for it or did you follow up with independent research?

[MJack]

Im not sure what the damages would consist of-maybe a portion of the blame/loss of amenity etc........Im just not happy of their total arrogance of suggesting a rogue trader then trying to absolve themselves of any responsibility..I didnt follow up with any independant research as a large builders merchants refferal was"acceptable"to me at the time.

[Ganymede]

Have a bit of a read...

 

http://en.m.wikipedia.org/wiki/Vicarious_liability_in_English_law

[steampowered]

There is only a possible claim if the reference was given in bad faith, i.e. they knew the installer would not meet your requirements. This would be almost impossible to prove I'm afraid.

[MJack]

Cheers SP

 

Looks like I will have to take this one on the chin.........1-0 to the dark side..

 

thanks for your efforts though...

 

Mjack