Cann v Willson
| Cann v Willson | |
|---|---|
| Citation | 39 Ch D 39 |
Cann v Willson (1888) 39 Ch D 39, is an English tort law case, concerning negligent valuation.
Facts
[edit]A valuer instructed by a mortgagor sent his report to the mortgagee who made an advance in reliance on the valuation.
Judgment
[edit]The valuer was held liable in the tort of negligence to the mortgagee for failing to carry out the valuation with reasonable care and skill.
Significance
[edit]The decision in Cann v Willson was retreated from in subsequent cases including Derry v Peek,[1] Le Lievre v Gould,[2] and Candler v Crane, Christmas & Co,[3] but the principle that a third party could have a tort claim for negligent misstatement was brought back with the decision in Hedley Byrne & Co Ltd v Heller & Partners Ltd.[4]
References
[edit]- ^ (1889) 14 App Cas 337
- ^ [1893] 1 QB 491
- ^ Stevens, Robert (1964). "Hedley Byrne v. Heller: Judicial Creativity and Doctrinal Possibility". The Modern Law Review. 27 (2): 121–166. ISSN 0026-7961.
- ^ Mulheron, Rachael (2020). Principles of tort law (2nd ed.). Cambridge, United Kingdom: Cambridge University Press. pp. 169–171. ISBN 978-1-108-72764-8.
See also
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