Oswald and another v Countrywide Surveyors Ltd
Language: English Series: Estates Gazette ; [1996] 37 EG 140-142(3)Publication details: 1996Subject(s): Summary: CA 22 May 1996. A survey and valuation of O`s property failed to make clear that the house was infested with death watch beetle. Damages awarded. C appealed the award of damages contending that the judge was wrong to consider the purchase price and not the valuation figure. "Held" the normal measure of damages is the difference between the value of the property in the condition described in the surveyors report and the value as it should have been described. In this case there was no comparable evidence to value the property as it should have been described, so the judge was entitled to accept the price paid for the property and adjust the repair costs to reach a suitable value. Appeal dismissed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS55874 (Browse shelf(Opens below)) | 1 | Available | 19324-1001 |
CA 22 May 1996. A survey and valuation of O`s property failed to make clear that the house was infested with death watch beetle. Damages awarded. C appealed the award of damages contending that the judge was wrong to consider the purchase price and not the valuation figure. "Held" the normal measure of damages is the difference between the value of the property in the condition described in the surveyors report and the value as it should have been described. In this case there was no comparable evidence to value the property as it should have been described, so the judge was entitled to accept the price paid for the property and adjust the repair costs to reach a suitable value. Appeal dismissed.