Date: Tue, 7 Oct 2008 10:48

From: Kelvin Low

Subject: Duty to Warn

Dear Jason et al,

The following is taken verbatim from the latest edition of Megarry & Wade, 7th Ed (2008), at p 657:

"In relation to matters other than title, the general principle is caveat emptor: a vendor is under no obligations of disclosure to a purchaser who is bound to make proper inquiries for himself."  

You will also want to look at JT Farrand, Contract and Conveyance, 4th Ed (1983), p 62 et seq. See in particular p 67:  

"At its most extreme, this [caveat emptor] rule fully covers physical defects which are actually known to the vendor, even though they may endanger the purchaser ..."

Cheers,
Kelvin

On Wed, Oct 1, 2008 at 9:55 PM, Jason Neyers wrote:

Dear Colleagues:

I would be interested in your opinions as to whether, on principle, a vendor of property should have a duty to warn of dangerous defects (like asbestos, hidden mould, radiation) to purchasers of the property to prevent bodily injury. All comments welcome.

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