Full Description
Provides a comprehensive guide for those advising upon, and dealing with, the civil liability and professional discipline of valuers/surveyors, estate agents and auctioneers.
Written by leading practitioners in the field, it deals with a variety of topics, from general principles to specific situations, providing practical guidance to the regulatory and procedural aspects.
The work commences with an overview of the law of professional liability insofar as that is pertinent to the professions in question and goes on to focus upon particular issues in relation to litigation which require special attention in claims of this kind. It considers the individual professions in question, providing a detailed account of the legal principles and the case-law applicable to their civil and (in the case of estate agents) their criminal liability.
This title is included in Bloomsbury Professional's Professional Negligence Law online service.
Contents
Introduction
Part A: Overview of the law of professional liability applicable to property professionals
Duties in contract
Contractual terms excluding or limiting liability
Duties in the tort of negligence to (a) the client; (b) third parties
Liability of the employee
The standard of care
Breach of duty
The object and scope of the duty: the SAAMCo principle: what losses are within the scope of the duty undertaken
Causation, remoteness, mitigation
The measure of loss and quantum
General damages for distress and inconvenience and claims for psychiatric injury
Remedies under the Consumer Rights Act 2015
Interest
Liability in deceit and for other forms of dishonesty
Equitable liabilities
Conflicts of interest and confidential information
Defences including contributory negligence, illegality and limitation
Contribution claims
Part B: Particular litigation issues
Pre-action conduct
Disclosure
Expert evidence
Part C: Valuers and surveyors
The professional organisation, training and regulatory and disciplinary framework
Liability of valuers
Liability of surveyors
Scope of duty, causation, mitigation, remoteness, and the measure of loss in claims against valuers and surveyors
Defences
Contribution claims
Part D: Estate Agents
The professional organisation, training, and regulatory and disciplinary framework applicable to estate agents
The right to commission
Liability of estate agents
Criminal liability
Part E: Auctioneers
The professional organisation, training and regulatory and disciplinary framework applicable to auctioneers
Liability of auctioneers
