Negligence and time-limits
Negligence and time-limits
- 1993
- Estates Gazette (9322( 5 June 1993, 108(1) .
Discusses the decision "Felton v Gaskill Osbourne & Co" (1992), in which the plaintiff successfully claimed for damages for a negligent survey after dropping claims for certain items, which had been noticed and rectified at an earlier date, in anticipation of the defendant`s argument that action over these items was statute barred by limitation. Citing Limitation Act 1980 s14A, the remainder of the plaintiff`s claim was upheld. Appears to contradict "Horbury v Craig Hall & Rutley" (1992).
CHIMNEY
DAMP
DEFECTS
LATENT DAMAGE ACT 1986
LIMITATION ACT 1980 S14
MORTGAGE VALUATION
NEGLIGENCE
SURVEYORS
Discusses the decision "Felton v Gaskill Osbourne & Co" (1992), in which the plaintiff successfully claimed for damages for a negligent survey after dropping claims for certain items, which had been noticed and rectified at an earlier date, in anticipation of the defendant`s argument that action over these items was statute barred by limitation. Citing Limitation Act 1980 s14A, the remainder of the plaintiff`s claim was upheld. Appears to contradict "Horbury v Craig Hall & Rutley" (1992).
CHIMNEY
DAMP
DEFECTS
LATENT DAMAGE ACT 1986
LIMITATION ACT 1980 S14
MORTGAGE VALUATION
NEGLIGENCE
SURVEYORS