000			01616cab a2200217 4500
001			ABS40850
008			090401t1989 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u26383
041			_aeng
245			_aSmith v Eric S Bush (A Firm); Harris and Another v Wyre Forest DC and Another
260			_c1989
350			_a0
490			_aEstates Gazette _v(1989) 17 EG 68-88; 18 EG 99-107(14)
520			_aHL 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
650			_aBUILDING DEFECTS
650			_aPHILLIPS PRODUCTS LTD V HYLAND
650			_aYIANNI V EDWIN EVANS AND SONS
690			_aPROFESSIONAL PRACTICE-CASE LAW
942			_n0
948			_c04/03/1997
999			_c17720 _d17720