The claimants bought property at a price based upon a valuation provided by the defendants. They sought damages being the costs of repairing the property, the necessity of such repairs not having been revealed by the report. Expert valuation showed that the property, even unrepaired, exceeded in value the price paid. The defendants obtained summary judgment on the basis that no damages were payable. The claimant appealed.
Held: the damages in negligence would be nil, but in contract, the damages payable were what was required in order to put the claimants in the position they would have been in the absence of a breach. Even so, the ‘cost of repairs’ basis would be inappropriate. It was irreconcilable with restitutionary or compensatory principles underlying the award of damages.
The appellants claim damages against the respondent in respect of an allegedly negligent survey carried out by the respondent for the appellants of a dwellinghouse
Judges:
Judge LJ, Parker LJ, Bodey J
Citations:
Gazette 25-Oct-2001, [2001] EWCA Civ 1553, [2001] 42 EGCS 138, [2002] 1 P and CR 37, 82 Con LR 126, [2002] Lloyd’s Rep PN 111, [2002] PNLR 12
Links:
Jurisdiction:
England and Wales
Professional Negligence, Damages, Contract
Updated: 24 November 2022; Ref: scu.201441
