Old Gate Estates Ltd v Toplis & Harding & Russell  3 All ER 209
The liability in negligence of agents to third parties
A block of flats was to be purchased by the promoters of the claimant’s company. During the promotion of the company and before the company was formed, the claimant (promoter) employed a member of the defendant’s firm to value the flats. The valuation was too high because sums relating to the rates payable were incorrectly provided to the valuer by the promoter. The company sought damages in respect of damages for negligent valuation.
Whether a duty of care in negligence was owed to the company by the valuer despite there being no contract between these parties, the contract existing between the promoters and the valuer.
There was no duty of care owed to the company in these circumstances. There was no claim in contract because the valuation had taken place before the company was formed. There was also no duty of care owed to the company as a third party. The position in Donoghue v Stevenson  AC 562 was limited to circumstances where the negligence at issue created a risk to life, limb or health. It does not apply in the circumstances of this case.
Cite This Work
To export a reference to this article please select a referencing stye below:
Related ServicesView all
Related ContentJurisdictions / Tags
Content relating to: "UK Law"
UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.
Criminal Evidence Justice
Criminal Evidence Justice. This essay will examine the laws and procedures relating to the disclosure of evidence in criminal cases in England and Wales. Has the government's introduction of legislation in relation to disclosure found a fair balance between the rights of those who are accused of criminal offences and those charged with......