Case Laws

Question 1

Negligence

Answer 1

Harts and Large 2020

Mr Large (surveyor) did not recommend building survey, but level 2 HomeBuyer survey and was negligent in advising damp and water infiltration issues

Large found negligent - didn’t fully inspect the property so shouldve noted limitation of advice

Question 2

PI run off case law

Answer 2

Merrit vs Babb 2001

Firm ceased to exist so individual surveyor pursued

Question 3

Japanese Knotweed case law

Answer 3

Network Rail and Williams 2018

NR found liable had to pay removal and loss of value

Question 4

Estate agency case law - importance of terms of engagement

Answer 4

Wells vs Devani 2018 - ‘sketchy oral agreement’ over the phone was binding

Implied agreement as Devani acted as an agent and Wells did not stop him. It led to a sale.

Just found Devani was owed a fee but at a 1/3 reduction due to the lack of written contract

Question 5

Case law unreasonably refusing ADR

Answer 5

Dunnet vs RailTrack 2002

Pay legal fees even if win case