Reasonable avoidance
Reasonable avoidance
- 2002
- Estates Gazette (0230) 27 July 2002, 130(1) .
Surveyors and valuers sometimes use exemption clauses or disclaimers in order to protect themselves against the possibility of litigation. As a rule, surveyors and valuers have not used such tatics against clients, but a recent Scottish case shows that a valuer may lawfully disclaim responsibility and avoid claims from non-clients. The case of "Bank of Scotland v Fuller Peiser" (2002) highlights that the defenders' (FP) disclaimer was effective to cancel any duty of care it might otherwise have owed to the claimant bank for an allegedly negligent survey report and/or valuation certificate.
PROFESSIONAL NEGLIGENCE
SURVEYORS
VALUERS
Survey reports
VALUATION CERTIFICATES
DUTY OF CARE
LIABILITY
DISCLAIMERS
EXCLUSION CLAUSES
UNFAIR CONTRACT TERMS ACT 1977 S16
REASONABLENESS
Surveyors and valuers sometimes use exemption clauses or disclaimers in order to protect themselves against the possibility of litigation. As a rule, surveyors and valuers have not used such tatics against clients, but a recent Scottish case shows that a valuer may lawfully disclaim responsibility and avoid claims from non-clients. The case of "Bank of Scotland v Fuller Peiser" (2002) highlights that the defenders' (FP) disclaimer was effective to cancel any duty of care it might otherwise have owed to the claimant bank for an allegedly negligent survey report and/or valuation certificate.
PROFESSIONAL NEGLIGENCE
SURVEYORS
VALUERS
Survey reports
VALUATION CERTIFICATES
DUTY OF CARE
LIABILITY
DISCLAIMERS
EXCLUSION CLAUSES
UNFAIR CONTRACT TERMS ACT 1977 S16
REASONABLENESS