Melrose v Davidson & Robertson
Melrose v Davidson & Robertson
- 1992
- Scots Law Times (1992) 15 SLT 395-398(4) .
Outer House 17 January 1992. M purchased a house following a favourable report from the mortgage valuers who made no requirement for necessary repairs. As part of the survey contract, M had signed a clause excluding D from liability. However, when it transpired there were defects in the property which should have been apparent to the surveyor, M sued. D maintained that under their disclaimer they owned no duty of care to M, but the court held the effect of the clause was void subject to the Unfair Contract Terms Act 1977.
DISCLAIMER CLAUSES
DUTY OF CARE
EXCLUSION CLAUSES
MORTGAGE VALUATIONS
NEGLIGENCE
SCOTLAND
SURVEYORS
UNFAIR CONTRACT TERMS ACT 1977 S16(1)
Outer House 17 January 1992. M purchased a house following a favourable report from the mortgage valuers who made no requirement for necessary repairs. As part of the survey contract, M had signed a clause excluding D from liability. However, when it transpired there were defects in the property which should have been apparent to the surveyor, M sued. D maintained that under their disclaimer they owned no duty of care to M, but the court held the effect of the clause was void subject to the Unfair Contract Terms Act 1977.
DISCLAIMER CLAUSES
DUTY OF CARE
EXCLUSION CLAUSES
MORTGAGE VALUATIONS
NEGLIGENCE
SCOTLAND
SURVEYORS
UNFAIR CONTRACT TERMS ACT 1977 S16(1)