Cases - Commercial Financial Services Ltd v McBeth & Co

Record details

Name

Commercial Financial Services Ltd v McBeth & Co

Date

(1988)

Citation

(unreported)

Legislation

Unfair Contract Terms Act 1977

Keywords

Negligence in valuations and surveys

Summary

The defendant valuers provided a property developer with a report on a proposed development, which stated:

'This valuation is for the use only of the parties to whom it is addressed and no responsibility is accepted to any third party'.

The developer showed the report to the claimant finance company, which relied on it in agreeing to lend on the security of the property, though whether or not the defendants knew or ought to have known that this would happen was a matter of dispute. It was held that, in view of the clear disclaimer, the valuers owed no duty of care to the lenders.