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Omega Trust Ltd and another v Wright Son & Pepper and another

Language: English Series: Estates Gazette ; [1997] 18 EG 120-123(4)Publication details: 1997Subject(s): Summary: CA 17 December 1996. N sought a loan from O, who requested the second plaintiff (X) to provide part of the advance. At O`s request, W provided a copy of a valuation report they had prepared for N of three short leasehold interests - to be provided as security. The report made it clear that it was for O`s purpose only. W were not informed X would rely on the report. N defaulted on loan and plaintiffs claimed valuation negligent. Lower court held W owed duty of care to X and that disclaimer did not satisfy test of reasonableness under the Unfair Contract Terms Act 1977. W appealed. Appeal allowed.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS57031 (Browse shelf(Opens below)) 1 Available 78271-1001

CA 17 December 1996. N sought a loan from O, who requested the second plaintiff (X) to provide part of the advance. At O`s request, W provided a copy of a valuation report they had prepared for N of three short leasehold interests - to be provided as security. The report made it clear that it was for O`s purpose only. W were not informed X would rely on the report. N defaulted on loan and plaintiffs claimed valuation negligent. Lower court held W owed duty of care to X and that disclaimer did not satisfy test of reasonableness under the Unfair Contract Terms Act 1977. W appealed. Appeal allowed.