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

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

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.

Citation
[1993] JLR 425
Parties
Plaintiff: Golder; Defendant: Viberts
Jurisdiction
Jersey
Judgment Date
23 December 1993
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Duty of Care, Restrictive Covenants, Contract Preparation
Professional Negligence Property Law Duty of Care Restrictive Covenants Contract Preparation

Case Brief

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Parties

Golder

Plaintiff

Viberts

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 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

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