The duty of surveyors
Brewer, Geoff
The duty of surveyors - 2005 - Contract Journal 430(6549) 2 November 2005, 35(1) .
Describes and comments upon "Mistry v Thakor and Roberts" ([2005] EWCA Civ 927, L131174). M was injured by pieces of concrete cladding which fell from a building owned by T, and managed by R. M brought an action for damages based on the tort of nuisance. The case showed that property owners are potentially liable for public nuisances caused by defective buildings. A surveyor who failed to carry out proper inspections (in this case, because he refused to climb scaffolding) cannot avoid liability by advising a client that he/she should take alternative advice, by, as in this instance, suggesting they employ a building contractor to look at the cladding.
MISTRY V THAKOR AND ROBERTS
The duty of surveyors - 2005 - Contract Journal 430(6549) 2 November 2005, 35(1) .
Describes and comments upon "Mistry v Thakor and Roberts" ([2005] EWCA Civ 927, L131174). M was injured by pieces of concrete cladding which fell from a building owned by T, and managed by R. M brought an action for damages based on the tort of nuisance. The case showed that property owners are potentially liable for public nuisances caused by defective buildings. A surveyor who failed to carry out proper inspections (in this case, because he refused to climb scaffolding) cannot avoid liability by advising a client that he/she should take alternative advice, by, as in this instance, suggesting they employ a building contractor to look at the cladding.
MISTRY V THAKOR AND ROBERTS