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United Kingdom Leading Case professional negligencepure economic lossexclusion and limitation clauses

Smith v Eric S Bush

[1990] 1 AC 831
JurisdictionUnited Kingdom
CourtUK House of Lords
Year1990
StatusBinding authority

Summary

A surveyor instructed by a mortgagee owes a duty of care in tort to the house purchaser relying on the valuation, and an exclusion clause disclaiming liability is unreasonable under UCTA 1977 for modest dwellings.

Key Principle

negligent valuation; surveyor owes duty to house purchaser; UCTA 1977; exclusion clause unreasonable for modest dwellings

Area of Law

tort

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