The negligence cases against engineers for faulty construction have had little success because of legal deficiencies so am inclined to think that Judges have a lot of flexibility ( they make it up as they go along ) and are therefore 'pliable'.
Buildings were literally thrown up in recent years supposedly by "qualified" tradesmen. Maybe in reality the engineers weren't the ones who were negligent at all.
The law is not made up as Judges go along, no more than medicine is made up as the surgeon proceeds.
You would take issue with the learned JOHN GLEESON SC then who states in his study:
“There is a dearth of case law in Ireland relating to negligence claims against
engineers - less than one page is devoted to professional negligence against
engineers, architects and surveyors in the last edition of McMahon & Binchy. This
does not reflect the number of cases in professional negligence against engineers in
recent times, particularly following the construction boom”
“Although evidence of general practice may materially assist a court, it is not
decisive of what is required to discharge the standard of reasonable care.
That is for the court to decide having regard to the circumstances of the
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