111. Surveyor's liability.

A buyer who suffers loss as a result of a negligent survey may have a claim against the surveyor in contract1 or tort (negligence) subject to the validity of any exclusion clause contained in the contract2.

Where the buyer did not commission the survey himself but relied on a valuation commissioned by his lender he may be able to sue the surveyor in tort if he suffers loss as a result of the surveyor's negligence. It has been held3