Professional Liability Flashcards

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1
Q

What percentage did professional negligence claims increase by in the High Court between 2008 and 2009

A

130%

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2
Q

Why is Merrett–v-Babb a particularly scary professional negligence case?

A

It involved a valuer being held personally liable for his negligent valuation

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3
Q

What standards of care were identified from Eckersley–v-Binnie (1988)?

A

1) He should be alert to the hazards and risks inherent in any professional task he undertakes to the extent that other ordinarily competent members of the profession would be alert.
2) He must bring to any professional task he undertakes no less expertise, skill and care than other competent members of the profession, but need bring no more.
3) The standard is that of the reasonable average. The law doesn’t require a

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4
Q

Beyond what percentage margin of error is a valuation likely to be regarded as negligent in relation to a common type of property?

A

15%

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5
Q

What precedent does Freeman–v-Marshall (1966) declare?

A

If you hold yourself out as a specialist, you will be judged as one

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6
Q

Bolton-v-Stone (1951) involved what?

A

Consideration of public policy (the public benefit of cricket) in deciding whether or not balls being hit out of the ground was an acceptable risk in negligence

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7
Q

The Urban Regeneration Agency-v- Mott Macdonald (1998) case involved what?

A

Failure to clean up a contaminated site to a ‘squeaky clean’ standard

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8
Q

Which of the following created criminal offences for incorrect statements made when selling a property?

A

Property Misdescriptions Act 1991

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9
Q

Rescission is a remedy associated with which of the following?

A

Misrepresentation

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10
Q

What is special about ‘negligent misstatement” in comparison to the rest of the tort of negligence?

A

If you can show a special relationship between the statement maker and the person who has relied upon an erroneous statement then you can recover compensation for non-economic loss caused by reliance upon that erroneous statement if it was made negligently

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11
Q

What are the features of the Misrepresentation Act 1967?

A

1 - reverses the burden of proof

2 - Provides a particularly generous measure of compensation if damages are recovered in lieu of rescission

3 - Applies to situations where someone has been induced to enter into a contract on reliance on an incorrect statement

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12
Q

When was thatched roofing banned in London

A

1212

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13
Q

The EU Construction Products Regulation of 2011 did what?

A

Sets down standards and specifications for construction products so that they can be lawfully used

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14
Q

What is the name of the technical documents that support building regulations?

A

Approved Documents

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15
Q

Name three things that are cross referred in Building Regulations and are therefore part of the law

A

British Standards, British Board of Agreement certificates, EU Directives

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16
Q

What are types of prescribed matters under the Property Misdescriptions (Specified Matters) Regs 1992

A
  • Description of building regulation standards
  • Location and amenities
  • Description of the property (age, type etc.)
17
Q

Why does a collateral warranty provide a route of remedy?

A

It is a contract made directly between he person providing the service (e.g. an architect) and the client who wants to rely upon the accuracy and quality of the work is the service provider is performing under contract to someone else

18
Q

What should you look for when evaluating strength of collateral warranty from a non-contract party?

A
  • Check that the warrantor’s Professional Indemnity Insurance provider is happy for collateral warranty to be given
  • Check that the collateral warranty is in a form likely to be acceptable to any funder providing finance to your project
  • Check that you understand any limitations of liability in the main contract to which the collateral warranty is cross referenced
19
Q

Why was the Contracts (Rights of Third Parties) Act 1999 an important change to contract law?

A

It partially abolished the privity of contract doctrine

20
Q

Where does the Contracts (Rights of Third Parties) Act 1999 apply?

A

England and Wales