A surveyor was engaged to report on a property, and was specifically requested to advise on the levels of aircraft noise from a nearby airport which might affect the property. He failed to report on the proximity of a navigation beacon.
Held: He was not liable for damages for the non-physical damage for discomfort and disturbance which ensued. For such damages to be awardable, the contract had one for the purposes of provision of leisure, relaxation or peace of mind.
Citations:
Times 14-Apr-2000, Gazette 14-Apr-2000, [2000] EWCA Civ 109
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Heywood v Wellers CA 1976
The claimant instructed solicitors in injunction proceedings which they conducted negligently. The solicitors had put the case in the hands of an incompetent junior clerk. She sued acting in person, and succeeded but now appealed the only limited . .
Cited by:
Appeal from – Farley v Skinner HL 11-Oct-2001
The claimant sought damages from the defendant surveyor. He had asked the defendant whether the house he was to buy was subject to aircraft noise. After re-assurance, he bought the house. The surveyor was wrong and negligent. A survey would not . .
Lists of cited by and citing cases may be incomplete.
Damages, Environment, Contract
Updated: 31 May 2022; Ref: scu.147142