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Surveyor`s liability

Language: English Series: Scotsman ; 29 January 1992, 14(1)Publication details: 1992Subject(s): Summary: In "Melrose v Davidson", Court of Session Outer House 17 January 1992, it was held that a disclaimer in an application form submitted to a building society for a mortgage was a term of a contract between the applicant and the building society. An attempt by the building society in the mortgage application form to exclude liability of their surveyor for negligence was subject to the terms of Unfair Contract Act 1977 s16.

In "Melrose v Davidson", Court of Session Outer House 17 January 1992, it was held that a disclaimer in an application form submitted to a building society for a mortgage was a term of a contract between the applicant and the building society. An attempt by the building society in the mortgage application form to exclude liability of their surveyor for negligence was subject to the terms of Unfair Contract Act 1977 s16.