Cases Flashcards
Yianni v Edwin Evans & Sons
To whom a duty of care is owed.
Under tortious liability in negligence, a duty of care may still be due to those you don’t have a contract with.
Webb Resolutions v E.Surv
5% margin of error for residential property
South Australia Asset Management Corp. v York Montague
Duty limited to the valuation, not entire investment activity. If the loss exceeds the difference, then the loss is limited to the difference.
Smith v Eric S Bush
To whom a duty of care. Although the contract was with the lender, a duty of care was owed to the purchaser.
Singer and Friedlander v John D Wood & Co.
Visiting the property/gathering sufficient information. Taking into account previous price of property, if very recent. With the margin of error being a possible 10-15%
Roberts v J Hampton & Co
Reactions to findings. Must take reasonable steps to follow the trail.
Montlake and others v Lambert Smith Hampton Group Ltd
Awareness of planning permission. Found liable for grossly under valuing Wasps rugby ground
Hubbard v Bank of Scotland t/a BM
Scope of survey/advice. BM clearly stated the limitations of a valuation report
Hedley Byrne & Co v Heller & Partners
Duty of care. Liability of negligent misstatement, when it is clearly understood that the statement is relied upon
Hart v Large
Breach of duty of care. PCC cert required.
Harris v Wyre Forest District Council
To whom a duty of care is owed. Duty of care owed to the purchasers, even if a disclaimer is signed
Fryer v Bunney
Level of thoroughness. Negligence due to complacency in not finding damp
Donohue v Stevenson
Duty of care. 3rs party is held a duty of care indirectly
Caparo Industries v Dickman and others
To whom a duty of care is owed. The neighbour test. Accountants weren’t liable for the public accounts of a client
Bolam v Friern Barnet Hospital Management Committee
Standard of care. Medical negligence case. Was it something no other competent professional would do