Saturday, September 7, 2019

Law Essay Example | Topics and Well Written Essays - 2250 words - 2

Law - Essay Example Bright when he moved in to the house. Mr. Bright brought the property through Devon Aspects, an estate agent, upon the advice of his solicitors KPG Solicitors who in turn hired Reliable Surveys to do the structural survey of the property. Reliable Surveys assigned the actual task of surveying to Miss Norris, a newly-licensed surveyor. The issue in this case is whether or not Mr. Bright is compensable for his loss in the event he sells his Devon property at its present market value. If he is, the subsequent underlying issue is from whom he shall recover and what kind of action shall he bring before the court. At this stage however, recovery is a purely hypothetical matter since Mr. Bright has not yet sold his property and hence, has not yet actually incurred a loss. After a careful perusal and analysis of the problem, taking into account the participation of each and every person and entity involved, the Reliable Surveys stands as the most viable party from whom a civil action for recovery of compensation under the case Hedley Byrne v. Heller will be most successful in the event of the actuality of such loss. In the case at bar, Miss Norris, the neophyte surveyor of Reliable Surveys is the raison d’etre of Mr. Bright’s present predicament. Her haphazard and lackadaisical examination of the Devon property caused her to miss the crack on the back wall of the aforesaid house and the evident defect in the elevation from the back angle as well as the dilapidating gutter. Neither did the management of Reliable Surveys subject Miss Norris’ findings to a review and the basis of her findings which described the property as â€Å"good and sound† in her report signed on behalf of the former. There is a characteristic negligence on the part of both Miss Norris and her employer in the performance of their obligation. It is only reasonable to consider filing

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