Melrose v Davidson & Robertson
Language: English Series: Scots Law Times ; (1992) 15 SLT 395-398(4)Publication details: 1992Subject(s): Summary: Outer House 17 January 1992. M purchased a house following a favourable report from the mortgage valuers who made no requirement for necessary repairs. As part of the survey contract, M had signed a clause excluding D from liability. However, when it transpired there were defects in the property which should have been apparent to the surveyor, M sued. D maintained that under their disclaimer they owned no duty of care to M, but the court held the effect of the clause was void subject to the Unfair Contract Terms Act 1977.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS46463 (Browse shelf(Opens below)) | 1 | Available | 58396-1001 |
Outer House 17 January 1992. M purchased a house following a favourable report from the mortgage valuers who made no requirement for necessary repairs. As part of the survey contract, M had signed a clause excluding D from liability. However, when it transpired there were defects in the property which should have been apparent to the surveyor, M sued. D maintained that under their disclaimer they owned no duty of care to M, but the court held the effect of the clause was void subject to the Unfair Contract Terms Act 1977.