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Hipkins and Another v Jack Cotton Partnership

Language: English Series: Estates Gazette ; (1989) 45 EG 163-168(4)Publication details: 1989Subject(s): Summary: QBD 22 May 1989 An action for damages for professional negligence by Hipkins and another (H) against a firm of chartered surveyors (J), in respect of a report by J in relation to the purchase of a semi-detached house . J had provided a mortgage valution for an insurance company and a structural survey for H. In neither of the two reports was there any mention of cracks indicating subsidence affecting the property. ChD held that any prudent surveyor would have seen the cracks and considered why they were there. J were in breach of their duty of care and in consequence, H had purchased a house which they would not have bought if they had been properly advised. With regard to the correct measure of damages , H contended for cost of repairs and J contended for diminution of value . On consideration of a number of authorities, ChD deduced that in negligent survey cases damages are usually measured by diminution in value. This, however, is not an absolute and invariable rule and in the cir
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS41742 (Browse shelf(Opens below)) 1 Available 32182-1001

QBD 22 May 1989 An action for damages for professional negligence by Hipkins and another (H) against a firm of chartered surveyors (J), in respect of a report by J in relation to the purchase of a semi-detached house . J had provided a mortgage valution for an insurance company and a structural survey for H. In neither of the two reports was there any mention of cracks indicating subsidence affecting the property. ChD held that any prudent surveyor would have seen the cracks and considered why they were there. J were in breach of their duty of care and in consequence, H had purchased a house which they would not have bought if they had been properly advised. With regard to the correct measure of damages , H contended for cost of repairs and J contended for diminution of value . On consideration of a number of authorities, ChD deduced that in negligent survey cases damages are usually measured by diminution in value. This, however, is not an absolute and invariable rule and in the cir