Jersey Judgment

Viberts v Golder [1995] JLR 223 (13 July 1995)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court held that the diminution in value of the land is the correct measure of damages for an advocate's negligent preparation of a contract of purchase of land.

Court disposition

judgment for applicant

02

Material facts

Parties

Viberts

Applicant

Golder

Respondent

03

Procedural history

  1. Posture

    Civil / Judgment

04

Questions and positions

Legal issues

What is the appropriate measure of damages for an advocate's negligent preparation of a contract for the purchase of land?

Party arguments

Applicant
The applicant seeks damages for losses suffered due to the advocate's negligent preparation of the contract for the purchase of land.
Respondent
The respondent disputes the measure of damages claimed and/or liability for the alleged negligence.

05

Court’s reasoning

  1. 01

    [1995] JLR 223

    The appropriate measure of damages for negligent preparation of a contract for the purchase of land is the diminution in value of the land.

06

Ratio, limits and disposition

Ratio decidendi

The court held that the diminution in value of the land is the correct measure of damages for an advocate's negligent preparation of a contract of purchase of land.

Court disposition

judgment for applicant

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[1995] JLR 223

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Authorities

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[1995] JLR 223

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