000			01417cab a2200193 4500
001			ABS41442
008			090401t1989 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u30178
041			_aeng
245			_aRobbie and Another v Graham and Sibbald
260			_c1989
350			_a0
490			_aEstates Gazette _v(1989) 38 EG 124-126(3)
520			_aOuter House of the Court of Session 8 June 1989. Scottish case involving action for damages by housebuyers (R), against G, a firm of chartered surveyors , who carried out a mortgage valuation survey on a house purchased by R. The report did not mention dry rot , which was subsequently discovered. There was no contractual relationship between R & G, the survey was carried out on behalf of the Leeds Permanent Building Society , but it was averred that G owed a duty of care to R. G relied on the disclaimer clause in the application form. The decisions in Smith v Eric S Bush and Harris v Wyre Forest DC HL, Abstract 40850, are immaterial as Part I of the Unfair Contract Terms Act 1977 does not apply to Scotland . this includes the section restricting the effect of a disclaimer clause by reference to a test of "reasonableness". Held that the disclaimer clause was effective to displace G`s duty of care. Action dismissed.
650			_aNEGLIGENCE
690			_aMANAGEMENT-BUSINESS MANAGEMENT-PROFESSIONAL PRACTICE
942			_n0
948			_c04/03/1997
999			_c20332 _d20332