Cases Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Yianni v Edwin Evans & Sons

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Webb Resolutions v E.Surv

A

5% margin of error for residential property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

South Australia Asset Management Corp. v York Montague

A

Duty limited to the valuation, not entire investment activity. If the loss exceeds the difference, then the loss is limited to the difference.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Smith v Eric S Bush

A

To whom a duty of care. Although the contract was with the lender, a duty of care was owed to the purchaser.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Singer and Friedlander v John D Wood & Co.

A

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%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Roberts v J Hampton & Co

A

Reactions to findings. Must take reasonable steps to follow the trail.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Montlake and others v Lambert Smith Hampton Group Ltd

A

Awareness of planning permission. Found liable for grossly under valuing Wasps rugby ground

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Hubbard v Bank of Scotland t/a BM

A

Scope of survey/advice. BM clearly stated the limitations of a valuation report

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Hedley Byrne & Co v Heller & Partners

A

Duty of care. Liability of negligent misstatement, when it is clearly understood that the statement is relied upon

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Hart v Large

A

Breach of duty of care. PCC cert required.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Harris v Wyre Forest District Council

A

To whom a duty of care is owed. Duty of care owed to the purchasers, even if a disclaimer is signed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Fryer v Bunney

A

Level of thoroughness. Negligence due to complacency in not finding damp

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Donohue v Stevenson

A

Duty of care. 3rs party is held a duty of care indirectly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Caparo Industries v Dickman and others

A

To whom a duty of care is owed. The neighbour test. Accountants weren’t liable for the public accounts of a client

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Bolam v Friern Barnet Hospital Management Committee

A

Standard of care. Medical negligence case. Was it something no other competent professional would do

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Blemain Finance v E.Surv

A

Margin of error. Inappropriate comparables were used. 5% standard resi 10% for one offs 15% for exceptional features