Lucas v Ogden
Language: English Series: Estates Gazette ; (8832) 13 August 1988, 45-49(3)Publication details: 1988Subject(s): Summary: CA 9 May 1988. The defendant (O) was a surveyor , who in January 1985 carried out a survey for the plaintiff (L) who was contemplating purchase of a property. The survey contained a number of statements on the condition of the property and a valuation of £53,000-£56,000, which pleaded that "it is always difficult to put an exact figure on a mixed village residential/commercial property of this nature". L claims that on the basis of this he purchased the property for £74,500, £14,500 of which was attributable to fixtures and goodwill. It was later ascertained that the property was defective to a degree not revealed in the report and the value with defects is £52,500. A claim of negligence was made against O. The question arose as to what damages should be paid, whether it should be the difference between £52,500 and £53,000 or £56,000. It was held that the latter case should hold. An appealed on the basis that L should be awarded the difference between the price paid and market value| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS39662 (Browse shelf(Opens below)) | 1 | Available | 18109-1001 |
CA 9 May 1988. The defendant (O) was a surveyor , who in January 1985 carried out a survey for the plaintiff (L) who was contemplating purchase of a property. The survey contained a number of statements on the condition of the property and a valuation of £53,000-£56,000, which pleaded that "it is always difficult to put an exact figure on a mixed village residential/commercial property of this nature". L claims that on the basis of this he purchased the property for £74,500, £14,500 of which was attributable to fixtures and goodwill. It was later ascertained that the property was defective to a degree not revealed in the report and the value with defects is £52,500. A claim of negligence was made against O. The question arose as to what damages should be paid, whether it should be the difference between £52,500 and £53,000 or £56,000. It was held that the latter case should hold. An appealed on the basis that L should be awarded the difference between the price paid and market value