Law of negligence not every error is negligence, Business Law and Ethics

Assignment Help:

Every person is having different set of knowledge and skill with them which is different from other individual, this difference in skill and knowledge factor among various individual leave a margin for the standard error or difference of opinion. In case of Luxmoore-May v. Messenger May Baverstock, it was established that the valuer has done his job with perfect care and skill level but his opinion and skill level is different from other valuer hence he can’t be held liable for the error and difference in opinion among the various valuer. Hence this case established that every error done by the project manager can’t be termed as the negligence on part of the project manager but it can be termed as the difference in skill and knowledge level which would always be present in some quantity which would be acceptable generally.

In case of Singer vs Friedlabder pvt ltd, 1977 it was established that valuation process is subjected to the opinion of individual persons hence it can’t be precise and it can always be subjected to variation from one person to other as per the change in opinion. Since while doing the valuation of any property various assumptions are to be made from the valuer which differ from one valuer to other hence precise calucaltion of the valuation is not possible but only expectation from the valuer is that he will apply his skill and knowledge to calculate the value by best of his opinion. Hence some degree of error is always acceptable from the side of valuer. Hence two individual valuers can come to different valuation for the same property based on their logical assumptions made while making calculation for the property being valued by them. Hence based on their assumptions we can’t say that any of them is not having proper competence knowledge or skill to value the property.

In case of Hardy Vs Wamsley, 1967 while making the survey, surveyor failed to notice that there is a piece of skirting with waviness characteristics of dry rot. Though it was a professional negligence from the surveyor but since it was just a minor issue hence the same can’t be highlighted to such a high degree that surveyor can be held liable for such a mistake hence some degree of leeway is always given to the valuer for the mistake or negligence they make since it is always not possible to make precise calculations. In another case Lawrence Vs Hampton, 1964, surveyor made the negligence that there was a crack in the building, though jury will notice this argument that surveyor has done the professional negligence but there will not be any kind of liability which would be imposed on the surveyor for doing this since it can happen from any person.

This law assignment help sample is provided by our team of law experts who provide excellent law homework help to law students worldwide. Apart from law of negligence assignment help, our team also provides online law assignment help in other law subjects such as property law assignment help, business law assignment help etc.  Send your assignment or contact us now.


Related Discussions:- Law of negligence not every error is negligence

Explain about the codified systems, Explain about the codified systems. ...

Explain about the codified systems. Codified (civil law) systems: It is a rule based approach to law making and it is designed to give a comprehensive code of laws for th

Publication of list of repeat offenders, Q. Publication of list of repeat o...

Q. Publication of list of repeat offenders ? As a part of the joint education campaign option, or separate to the education campaign, a ‘naming and shaming' approach could also

Explain company limited by shares, QUESTION 1 Discuss the implication o...

QUESTION 1 Discuss the implication of F.O.B as a special trade term in international sales contract QUESTION 2 (a) Cliff is the sole director of ABC Construction Ltd, a

Reports and balance sheets, Reports and balance sheets: The reports an...

Reports and balance sheets: The reports and balance sheets for the years ending June 30, 1925, and, June 30, 1926, were signed by two directors.  The reports annexed to these

Determine the areas of open method of coordination, Determine the areas of ...

Determine the areas of open method of coordination The EU has indicated its intention to employ the OMC, but so far there is little evidence of progress. These areas include E

Types and classification of law, Types and Classification of Law: Rule...

Types and Classification of Law: Rules of law may be classified as like;: For Written For National and International For Public and Private For Substantive

Explain about the policy co-ordination of each countries, Explain in detail...

Explain in detail about the policy co-ordination of each country With no policy coordination each country will attempt to maximise its own welfare, taking the other country's m

Explain the elements necessary for formation of a contract, Question 1: ...

Question 1: List out and explain the elements necessary for the formation of a contract. Question 2: What are the advantages and disadvantages of choosing a company ov

Company law, # difference between variation of class right and variation of...

# difference between variation of class right and variation of enjoyment

Rules for purchase of own shares, Rules for Purchase of own shares: So...

Rules for Purchase of own shares: So now next despite the rule in Trevor V Whitworth a company may purchase or acquire its own shares in the following cases: a) Where it ac

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd