Smith v Eric S Bush (A Firm); Harris and Another v Wyre Forest DC and Another
Language: English Series: Estates Gazette ; (1989) 17 EG 68-88; 18 EG 99-107(14)Publication details: 1989Subject(s): Summary: HL 20 April 1989. Resolves a conflict in CA which gave contradictory rulings in two cases on allegations of negligence by surveyors who carried out mortgage valuations for purchasers of houses at the lower end of the market. The decision considered the extent of duty of care owed to purchasers and surveyors` reliance on disclaimer clauses in valuation reports which exclude liability . HL affirmed the decision in favour of the purchaser in the first case (S) and in the second case (H) HL reinstated an award of damages to the purchasers dismissed by CA; HL found CA to be in error in holding that a disclaimer prevented a duty of care from arising at all. Though the details of S and H differ, in each case the following questions arose : 1) whether a valuer instructed to value a house for mortgage purposes, knowing that his valuation would probably be relied upon by the prospective purchasers, owed them a duty to exercise reasonable skill and care; 2) whether a disclaimer of liability was| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS40850 (Browse shelf(Opens below)) | 1 | Available | 26383-1001 |
HL 20 April 1989. Resolves a conflict in CA which gave contradictory rulings in two cases on allegations of negligence by surveyors who carried out mortgage valuations for purchasers of houses at the lower end of the market. The decision considered the extent of duty of care owed to purchasers and surveyors` reliance on disclaimer clauses in valuation reports which exclude liability . HL affirmed the decision in favour of the purchaser in the first case (S) and in the second case (H) HL reinstated an award of damages to the purchasers dismissed by CA; HL found CA to be in error in holding that a disclaimer prevented a duty of care from arising at all. Though the details of S and H differ, in each case the following questions arose : 1) whether a valuer instructed to value a house for mortgage purposes, knowing that his valuation would probably be relied upon by the prospective purchasers, owed them a duty to exercise reasonable skill and care; 2) whether a disclaimer of liability was