Username. 22nd February 1990. Construction Management and Economics: Vol. In my opinion, this can make no difference. Bush and Harris v. Wyre Forest District Council [1990] 1 AC 831: "I have already pointed out that the only real distinction between the present case [Harris] and the case of Yianni is that the valuation was carried out by an in-house valuer. 835,the Court of Appeal (Kerr and Nourse L.JJ. Held: (2007). and Caufield J. Alexandra Anderson is a partner at City law firm RPC. Yianni v Edwin Evans Foresee ability of reliance can even invalidate exclusions. Practice Areas. Login. 811-819. Smith v Eric S Bush (a firm), Harris v Wyre Forest District Council [1990] 1 AC 831, [1989] 2 All ER 514 Were the parties of equal bargaining power. Decision of the Court of Appeal in Harris v Wyre Forest DC [1988] 1 All ER 691 reversed. '1. RPC. Smith v Eric S Bush & Harris v Wyre Forest BC (1989) Lord Griffiths said it was impossible to draw up an exhaustive list of the factors that must be taken into account when a judge is faced with the decision of what is fair and reasonable. 2 AC 357 HL. Harris v wyre forest D.C.1989 and Smith v Eric S bush 1990 A disclaimer maybe declared unreasonable and invalid, but a surveyor can still use one to discharge his duty and avoid liability Yeley v … Cases Citation. v Wyre Forest DC [ 19901 1 AC 831 (henceforth: Smith v Bush); Caparo Industries plc v Dickman and Other [1990] 2 AC 605 (henceforth: Caparo); Murphy v Brenrwood DC [1991] I AC 398 (henceforth: Murphy). Smith v Eric S Bush; Harris v Wyre Forest District Council [1990] UKHL 1 Post navigation Previous Post Previous 1975 Act Inheritance Claims: The price of estrangement Next Post Next Planning Update: Planning obligations –down but not out. Smith v Eric S Bush; Harris v Wyre Forest District Council [1990] UKHL 1; Post navigation. Author. Wyre Forest DC v Secretary of State for the Environment. Professional employees' exposure to risk of negligence claims from the client. Smith v Eric Bush and Harris v Wyre Forest DC [1990] 1 AC 831 Facts: conjoined cases: Ps were house buyers who suffered pure economic loss; Ds, surveyors, employed by third party (mortgage lenders) negligently valued properties; Ds sought to rely on disclaimers, exempting liability; Issue: were the disclaimers valid? He then set out certain matters that should always be considered. In Harris v. Wyre Forest District Council [1988] Q.B. Previous Post Previous Competition Law: Estate agents feel the wrath of the CMA. Public Law. 25, CONSTRUCTION LAW AND MANAGEMENT, pp. )accepted an argument that the Act of 1977 did not apply becausethe council by their express disclaimer refused to obtain a - 9 - The CMA yianni v Edwin Evans Foresee ability of reliance can even invalidate exclusions v Evans. 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