Walsh -v- Jones Lang Lasalle Ltd [2017] IESC 38 (01 June 2017)

Walsh -v- Jones Lang Lasalle Ltd [2017] IESC 38 (01 June 2017)

The Supreme Court held that the disclaimer in the sales brochure was sufficient to negate any assumption of responsibility by Jones Lang Lasalle Limited for the accuracy of the measurements, and therefore no duty of care arose in tort for negligent misstatement. The appeal was allowed and the defendant was not liable.

Citation
[2017] IESC 38
Parties
Plaintiff/respondent: David Walsh; Defendant/appellant: Jones Lang Lasalle Limited
Jurisdiction
Ireland
Judgment Date
01 June 2017
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed
Legal Topics
Negligent Misstatement, Duty of Care, Disclaimers, Professional Negligence, Property Transactions
Tort Law Contract Law Negligent Misstatement Duty of Care Disclaimers Professional Negligence Property Transactions

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Parties

David Walsh

Plaintiff/respondent

Jones Lang Lasalle Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether Jones Lang Lasalle Limited owed a duty of care to David Walsh for negligent misstatement in a sales brochure despite a disclaimer.
  2. 2 Whether the disclaimer in the sales brochure was sufficient to negate any duty of care or liability for negligent misstatement.

Ratio Decidendi

The Supreme Court held that the disclaimer in the sales brochure was sufficient to negate any assumption of responsibility by Jones Lang Lasalle Limited for the accuracy of the measurements, and therefore no duty of care arose in tort for negligent misstatement. The appeal was allowed and the defendant was not liable.

Court Disposition

Appeal allowed

Orders

  • Judgment for defendant; no liability for negligent misstatement due to disclaimer.