Jersey Judgment

Golder v Viberts [1993] JLR 425 (23 December 1993)

Professional Negligence Property Law Duty of Care Restrictive Covenants Contract Preparation

Citation: [1993] JLR 425
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Judgment

More details

Posture: Civil / Judgment

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Professional case brief

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Source document

Holding and result

An advocate or solicitor must inform the purchaser of any restrictive covenants affecting the land when preparing a contract for its purchase, failing which constitutes professional negligence.

Court disposition

judgment for plaintiff

Material facts

Parties

Golder

Plaintiff

Viberts

Defendant

Procedural history

Posture

Civil / Judgment

Questions and positions

Legal issues

Whether an advocate or solicitor preparing a contract for the purchase of land owes a duty to the purchaser to bring to their notice the existence and purport of restrictive covenants affecting the land

Party arguments

Applicant: The advocate or solicitor failed to inform the purchaser of restrictive covenants affecting the land, constituting professional negligence.
Respondent: The advocate or solicitor was not under a duty to specifically bring the restrictive covenants to the purchaser's attention.

Court’s reasoning

Legal principles

01
[1993] JLR 425

An advocate or solicitor preparing a contract for the purchase of land has a duty to bring to the purchaser's notice the existence and purport of restrictive covenants affecting the land.

Ratio, limits and disposition

Ratio decidendi

An advocate or solicitor must inform the purchaser of any restrictive covenants affecting the land when preparing a contract for its purchase, failing which constitutes professional negligence.

Court disposition

judgment for plaintiff

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Judgment

[1993] JLR 425

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[1993] JLR 425

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