Cann v Willson

Cann v Willson (1888) 39 Ch D 39, is an English tort law case, concerning negligent valuation.

Facts A valuer instructed by a mortgagor sent his report to the mortgagee who made an advance in reliance on the valuation.

Judgment The valuer was held liable in the tort of negligence to the mortgagee for failing to carry out the valuation with reasonable care and skill.

Significance The decision in Cann v Willson was retreated from in subsequent cases including Derry v Peek,(1889) 14 App Cas 337 Le Lievre v Gould, 1 QB 491 and Candler v Crane, Christmas & Co, but the principle that a third party could have a tort claim for negligent misstatement was brought back with the decision in Hedley Byrne & Co Ltd v Heller & Partners Ltd.

References

See also Smith v Eric S Bush