A property owner who has obtained building reports that do not reveal specific defects in a structure is not subject to an extended duty of care requiring further investigation of that structure. However, if the owner makes affirmative assurances about the safety of the structure without reasonable basis, liability may arise on that separate ground. For factual causation under s 5D, it is sufficient that the court is satisfied the tortious factor was probably necessary; the question of whether assurances were a necessary condition of harm is a factual question for the trier of fact.
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