Howard and Another v Horne and Sons (a firm)
Howard and Another v Horne and Sons (a firm)
- 1989
- Construction Industry Law Letter (1989) CILL 500-501(2) .
A claim for damages by a purchaser (H), for the costs of rewiring and consequential damage to a house they purchased. H requested a RICS House Buyers Report which surveyors (HO) undertook. Included in the report was a statement on the wiring : "electrical wiring is in Pvc cable". H understood this to mean it was modern and there was no need for concern. The report also had a note on services saying only a visual inspection had been made, they had not been tested and a specialist would need to be consulted as to the standards of any installations. The report had been made negligently; only some wiring was Pvc covered, the rest was in a dangerous state - this was agreed by both parties. H had the property rewired at a cost in excess of £6,000 and claimed damages against HO. Two issues arose: 1) were HO liable to H?; 2) if so, what was the measure of the damages. ORC held that HO were both in breach of contract with H and in breach of a duty of care . H formulated their claim on the bas
RICS HOMEBUYER SURVEY AND VALUATION
LIABILITY
NEGLIGENCE
SURVEY REPORT
SURVEYORS
A claim for damages by a purchaser (H), for the costs of rewiring and consequential damage to a house they purchased. H requested a RICS House Buyers Report which surveyors (HO) undertook. Included in the report was a statement on the wiring : "electrical wiring is in Pvc cable". H understood this to mean it was modern and there was no need for concern. The report also had a note on services saying only a visual inspection had been made, they had not been tested and a specialist would need to be consulted as to the standards of any installations. The report had been made negligently; only some wiring was Pvc covered, the rest was in a dangerous state - this was agreed by both parties. H had the property rewired at a cost in excess of £6,000 and claimed damages against HO. Two issues arose: 1) were HO liable to H?; 2) if so, what was the measure of the damages. ORC held that HO were both in breach of contract with H and in breach of a duty of care . H formulated their claim on the bas
RICS HOMEBUYER SURVEY AND VALUATION
LIABILITY
NEGLIGENCE
SURVEY REPORT
SURVEYORS