A valuer who reports on a property for a prospective mortgagee, knowing that a prospective purchaser is likely to rely on his report when deciding whether or not to buy the property, owes a duty of care to that purchaser1. The purchaser may rely on a valuer's report which is shown to him, and on a report which is not shown to him where it is reasonable for him to assume from the offer of a loan on mortgage that the property has been valued at no less than the amount of the loan2. Where, however, the existing owner
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This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
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The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
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