10 Feb 2006
MACDONALD V TOD HC AK CIV 2005-404-4451
- Citation
- openlaw-f78d8016_ac54_47c3_b21e_3dd8175cd285.pdf
- Court
- High Court
High Court upheld the District Court: Macdonald breached his duty by failing to inspect an area beneath the aft cabin that was accessible and where long‑standing dry rot was discoverable; the disclaimer did not exclude liability for defects discoverable without 'additional opening up'; the rot pre‑existed the respondents' ownership and caused the loss; therefore the surveyor was liable and the appeal was dismissed.