Professional Liability

Question 1

What percentage did professional negligence claims increase by in the High Court between 2008 and 2009

Answer 1

130%

Question 2

Why is Merrett–v-Babb a particularly scary professional negligence case?

Answer 2

It involved a valuer being held personally liable for his negligent valuation

Question 3

What standards of care were identified from Eckersley–v-Binnie (1988)?

Answer 3

1) He should be alert to the hazards and risks inherent in any professional task he undertakes to the extent that other ordinarily competent members of the profession would be alert.
2) He must bring to any professional task he undertakes no less expertise, skill and care than other competent members of the profession, but need bring no more.
3) The standard is that of the reasonable average. The law doesn’t require a

Question 4

Beyond what percentage margin of error is a valuation likely to be regarded as negligent in relation to a common type of property?

Answer 4

15%

Question 5

What precedent does Freeman–v-Marshall (1966) declare?

Answer 5

If you hold yourself out as a specialist, you will be judged as one

Question 6

Bolton-v-Stone (1951) involved what?

Answer 6

Consideration of public policy (the public benefit of cricket) in deciding whether or not balls being hit out of the ground was an acceptable risk in negligence

Question 7

The Urban Regeneration Agency-v- Mott Macdonald (1998) case involved what?

Answer 7

Failure to clean up a contaminated site to a ‘squeaky clean’ standard

Question 8

Which of the following created criminal offences for incorrect statements made when selling a property?

Answer 8

Property Misdescriptions Act 1991

Question 9

Rescission is a remedy associated with which of the following?

Answer 9

Misrepresentation

Question 10

What is special about ‘negligent misstatement” in comparison to the rest of the tort of negligence?

Answer 10

If you can show a special relationship between the statement maker and the person who has relied upon an erroneous statement then you can recover compensation for non-economic loss caused by reliance upon that erroneous statement if it was made negligently

Question 11

What are the features of the Misrepresentation Act 1967?

Answer 11

1 - reverses the burden of proof

2 - Provides a particularly generous measure of compensation if damages are recovered in lieu of rescission

3 - Applies to situations where someone has been induced to enter into a contract on reliance on an incorrect statement

Question 12

When was thatched roofing banned in London

Answer 12

1212

Question 13

The EU Construction Products Regulation of 2011 did what?

Answer 13

Sets down standards and specifications for construction products so that they can be lawfully used

Question 14

What is the name of the technical documents that support building regulations?

Answer 14

Approved Documents

Question 15

Name three things that are cross referred in Building Regulations and are therefore part of the law

Answer 15

British Standards, British Board of Agreement certificates, EU Directives

Question 16

What are types of prescribed matters under the Property Misdescriptions (Specified Matters) Regs 1992

Answer 16

• Description of building regulation standards
• Location and amenities
• Description of the property (age, type etc.)

Question 17

Why does a collateral warranty provide a route of remedy?

Answer 17

It is a contract made directly between he person providing the service (e.g. an architect) and the client who wants to rely upon the accuracy and quality of the work is the service provider is performing under contract to someone else

Question 18

What should you look for when evaluating strength of collateral warranty from a non-contract party?

Answer 18

• Check that the warrantor’s Professional Indemnity Insurance provider is happy for collateral warranty to be given
• Check that the collateral warranty is in a form likely to be acceptable to any funder providing finance to your project
• Check that you understand any limitations of liability in the main contract to which the collateral warranty is cross referenced

Question 19

Why was the Contracts (Rights of Third Parties) Act 1999 an important change to contract law?

Answer 19

It partially abolished the privity of contract doctrine

Question 20

Where does the Contracts (Rights of Third Parties) Act 1999 apply?

Answer 20

England and Wales