Duncan v Gumleys
Language: English Series: Scots Law Times ; 1986 SLT 595(4)Publication details: 1986Subject(s): Summary: Outer House 30 May 1986. Action by housebuyer (D) seeking damages against firm of chartered surveyors for negligence in carrying out a valuation of a house purchased by D. After proof it was held that the report had been negligently given. The point at issue was the correct measure of damages . D claimed that damages should be measured by the difference between the price paid and the price achieved on a sale after damage was discovered, while G contended for measurement by the cost of remedial works . It was held that the resale price was not affected solely by G`s negligence. It became clear that substantial further deterioration had taken place in the property between 1981 and 1985, when the house was sold. Neither was it clear that the resale price obtained was the best that could have been achieved. As a result the court was unable to hold that the resale price had a direct bearing on the correct measure of damages and held, that the general rule was that loss was measured by the| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS37123 (Browse shelf(Opens below)) | 1 | Available | 2431-1001 |
Outer House 30 May 1986. Action by housebuyer (D) seeking damages against firm of chartered surveyors for negligence in carrying out a valuation of a house purchased by D. After proof it was held that the report had been negligently given. The point at issue was the correct measure of damages . D claimed that damages should be measured by the difference between the price paid and the price achieved on a sale after damage was discovered, while G contended for measurement by the cost of remedial works . It was held that the resale price was not affected solely by G`s negligence. It became clear that substantial further deterioration had taken place in the property between 1981 and 1985, when the house was sold. Neither was it clear that the resale price obtained was the best that could have been achieved. As a result the court was unable to hold that the resale price had a direct bearing on the correct measure of damages and held, that the general rule was that loss was measured by the