Date: Tue, 7 Oct 2008 11:09

From: Andrew Tettenborn

Subject: Duty to Warn

I don't know if anyone's mentioned the most extreme - and grisly - English case on the "no duty to warn" point, Sykes v Taylor-Rose (2004) 2 P. & C.R. 30. I sell you a house, knowing (but choosing not to mention) that a few years ago a previous owner brought his girlfriend there, murdered and dismembered her, leaving the pieces around the house, AND that the police were pretty sure they'd never managed to find all the bits. You have no grounds for complaint, says the CA.

Best to everyone
Andrew  

-------- Original Message --------
Subject:  Re: Duty to Warn
Date:  Tue, 7 Oct 2008 17:48:19 +0800
From:  Kelvin F.K. Low  
To:  Jason Neyers  

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 ..."

<<<< Previous Message  ~  Index  ~  Next Message >>>>>