The plaintiff claimed damages from the seller of land and from their solicitors for misrepresentation in the replies to enquiries before contract. He appealed a striking out of his claim.
Held: A lawyer’s disclaimer placed on his Replies to Enquiries before Contract were to be examined carefully to see if they constituted an unfair term. The claim was not unarguable, and should proceed. Whether the solicitor owed a duty of care could not be decided without assessing the validity of the disclaimer. ‘neither the duty of care issue nor the disclaimer issue is suitable to be determined under Order 14A.’
Judges:
Lord Justice Nourse, Lord Justice Waller, Sir John May
Citations:
Gazette 20-Nov-1996, Times 14-Nov-1996, [1996] EWCA Civ 886
Statutes:
Unfair Contract Terms Act 1977
Jurisdiction:
England and Wales
Citing:
Cited – Gran Gelato Ltd v Richcliff (Group) Ltd ChD 1992
The claimant wished to purchase an underlease from the first defendant. The claimant’s solicitors inquired of the second defendants, a firm of solicitors acting for the first defendant, whether any provisions in the headlease might affect the length . .
Cited – Kemp Properties (UK) Ltd v Dentsply Research and Development Corporation 1989
The court considered a Solicitor’s possible personal liability for misrepresentation made in replies given to enquiries before contract on acting on the sale of land. . .
Cited – Wilson v Bloomfield 1979
Negligence of solicitor in answering replies to preliminary enquiries on a sale of land. . .
Cited – Smith v Eric S Bush, a firm etc HL 20-Apr-1989
In Smith, the lender instructed a valuer who knew that the buyer and mortgagee were likely to rely on his valuation alone. The valuer said his terms excluded responsibility. The mortgagor had paid an inspection fee to the building society and . .
Cited – Hedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
Cited – Henderson v Merrett Syndicates Ltd HL 25-Jul-1994
Lloyds Agents Owe Care Duty to Member; no Contract
Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses.
Held: The assumption of . .
Cited – McCullagh v Lane Fox and Partners Ltd CA 19-Dec-1995
There was no duty in negligent mis-statement from a vendor’s estate agent to a purchaser for that purchaser’s financial loss after proceeding without first obtaining a survey relying upon the agent.
Hobhouse LJ said: ‘On the Sunday, Mr. Scott . .
Cited – William Sindall Plc v Cambridgeshire County Council CA 21-May-1993
Land was bought for development, but the purchaser later discovered a sewage pipe which very substantially limited its development potential. The existence of the pipe had not been disclosed on the sale, being unknown to the seller.
Held: . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Torts – Other
Updated: 03 November 2022; Ref: scu.140753