You are able to sue when your advisor has made a mistake which was in breach of his duty to you, and as a result of which you have sustained a loss. In other words, even if the surveyor made a mistake, but you cannot prove a loss of some sort, be it directly or indirectly financial, you have no claim to bring. If the surveyor can correct the position or make good the loss, then generally it will be his duty to do so. He has to “mitigate the loss” as indeed you must do as well. There are therefore, as with all negligence claims, three elements to your Claim. An established duty of care (which your surveyor will have towards you); a breach of that duty, and lastly a loss caused by his negligence. The Surveyor has a contractual liability towards you (by virtue of your contract with him) and a duty of care in negligence.

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The Legal Company
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