000			01496cab a2200205 4500
001			ABS38467
008			090401t1987 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u10833
041			_aeng
245			_aDuncan v Gumleys
260			_c1987
350			_a0
490			_aScots Law Times _v(1987) SLT 729-737(9)
520			_aSecond Division 12 March 1987 A reclaiming motion against the Lord Ordinary`s award of damages against chartered surveyors for carrying out a negligent mortgage valuation on a house. The surveyors contended that the case set out by the purchaser of the house was not established; the Lord Ordinary had found in the purchaser`s favour upon a ground not set out or founded upon in his pleadings and that that ground had not been proved by sufficient evidence, and that the purchaser had failed to prove his loss, there being no evidence before the court to enable the Lord Ordinary to make a calculation of the value of the house in its defective state at the relevant time. Second Division held that the case on which the purchaser succeeded was a variation, modification or development of what was averred on record and accordingly fell within the record`s terms; there was sufficient corroboration of that case and that the purchaser had produced no such evidence to entitle the Lord Ordinary to m
650			_aNEGLIGENCE
650			_aSTRUCTURAL SURVEYS
690			_aMANAGEMENT-BUSINESS MANAGEMENT-PROFESSIONAL PRACTICE
942			_n0
948			_c04/03/1997
999			_c6893 _d6893