Cann v Willson

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Cann v Willson
Citation(s)39 Ch D 39

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

English tort law branch of English law

English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requires a payment of money to make up for damage that is caused. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations.

Contents

Facts

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

Estoppel judicial device in common law legal systems whereby a court may prevent a person from making assertions or from going back on their word

Estoppel is a judicial device in common law legal systems whereby a court may prevent, or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from bringing a particular claim. Legal doctrines of estoppel are based in both common law and equity.

Judgment

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.

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