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Cann v Willson

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Cann v Willson
Citation39 Ch D 39

Cann v Willson (1888) 39 Ch D 39, is an English tort law case, concerning negligent valuation.

Facts

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A valuer instructed by a mortgagor sent his report to the mortgagee who made an advance in reliance on the valuation.

Judgment

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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

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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

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  1. ^ (1889) 14 App Cas 337
  2. ^ [1893] 1 QB 491
  3. ^ Stevens, Robert (1964). "Hedley Byrne v. Heller: Judicial Creativity and Doctrinal Possibility". The Modern Law Review. 27 (2): 121–166. ISSN 0026-7961.
  4. ^ 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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