Reasonable avoidance
Series: Estates Gazette ; (0230) 27 July 2002, 130(1)Publication details: 2002Subject(s): Summary: Surveyors and valuers sometimes use exemption clauses or disclaimers in order to protect themselves against the possibility of litigation. As a rule, surveyors and valuers have not used such tatics against clients, but a recent Scottish case shows that a valuer may lawfully disclaim responsibility and avoid claims from non-clients. The case of "Bank of Scotland v Fuller Peiser" (2002) highlights that the defenders' (FP) disclaimer was effective to cancel any duty of care it might otherwise have owed to the claimant bank for an allegedly negligent survey report and/or valuation certificate.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London News article | WB3828-17 (Browse shelf(Opens below)) | 1 | Available | 119115-1001 |
Surveyors and valuers sometimes use exemption clauses or disclaimers in order to protect themselves against the possibility of litigation. As a rule, surveyors and valuers have not used such tatics against clients, but a recent Scottish case shows that a valuer may lawfully disclaim responsibility and avoid claims from non-clients. The case of "Bank of Scotland v Fuller Peiser" (2002) highlights that the defenders' (FP) disclaimer was effective to cancel any duty of care it might otherwise have owed to the claimant bank for an allegedly negligent survey report and/or valuation certificate.