2021 Question 4 — LawShortcut Independent Model Answer
Negligent survey · Negligent misstatement · Pure economic loss
Scenario summary
In 2016, Local Authority Orange resolved, under a statutory duty, to dispose of land in its ownership. It engaged a surveyor, Mr Indigo, to measure a site and split it into two development plots for sale. Indigo produced the survey and the drawings, and Orange lodged them with the Land Registry.
The authority then conveyed one plot to Mr Gold and passed the second to Mr Silver. As it turned out, the parcel conveyed to Gold was bigger than the plot as registered, and Gold went on to build houses on it.
In 2018, Silver discovered that his own plot fell short of its proper size and secured a court order compelling Gold to pull down two of the houses that encroached onto Silver's land. Gold is left €200,000 out of pocket.
Candidates are asked to advise Gold on his tort causes of action, the parties liable, and quantum.
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. Mr Gold v Mr Indigo — negligent survey and negligent misstatement
- 2. Mr Gold v Local Authority Orange
- 3. Pure economic loss and quantum
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.