2020 Question 2 — LawShortcut Independent Model Answer
Negligent misstatement · Professional survey negligence · Passing off
Scenario summary
Comres Ltd is a well-established national estate agency and surveying practice. In 2018 it handled the sale of an office block owned by A Ltd and, in its brochure, put the floor area 10% higher than it actually was. A disclaimer about accuracy appeared only as a tiny footnote in the brochure. B Ltd purchased the building for €25M, said to be an overpayment of €2.25M, and afterwards forfeited €250K of rental income once its tenant, C Ltd, insisted the rent be adjusted to match the real floor area.
In 2019, Mrs D engaged and paid Comres to survey a former council house in connection with a mortgage. Comres conducted only a superficial inspection, declared the house structurally sound and adequate security, and Mrs D went ahead with the purchase. Six months on, the chimney gave way, causing €10K of damage to the property; an expert concluded it had been structurally defective for a long time.
A rival trading as Com Rez Ltd subsequently set up in the same market, and Comres puts its resulting drop in profit at €150K.
Candidates are asked to advise the parties on their rights and liabilities in tort.
This is a LawShortcut scenario summary written in our own words. For the exact examined wording, use the official King’s Inns paper linked above.
What this model answer covers
Issues and structure addressed in the full LawShortcut model answer:
- 1. B Ltd - overstated floor area and the disclaimer
- 2. C Ltd - no independent reliance
- 3. Mrs D - directly commissioned mortgage survey
- 4. Comres v Com Rez Ltd - passing off
Read the complete LawShortcut model answer to this question — reading the question, issue spotting, the applicable law, application to the facts and conclusions — inside the King’s Inns Tort Model Answer Vault.
Part of the King’s Inns Tort Model Answer Vault — 30 independently authored model answers, 2020—2025.