Law of Tort Assignment Example | Topics and Well Written Essays - 1250 words - 1

Law of Tort - Assignment Example Surv conducted surveys in a manner that was negligent and in violation of their contract of service (Spiers 365). GMAC forwarded their claims to the Webb Resolutions Limited. The proceedings initially involved a total of four valuations. Two were solved and two remained in question. The discrepancy arose due to the difference in the E. Surv valuation and the right price valuation. The damage claim in both instances was a total of $ 46,445 plus interest (Sloan 453). When it comes to the discharge of the value’s duty of care, the supplier agreement dated 22nd September in the year 2004 between E. Surv and GMAC, had not been expressed by E. Surv to the surveys. However, was not clear that those terms governed their conduct (Salmond 228). To establish a loss, the defender must have had the responsibility of the duty of care to the lender. This has to be clearly expressed to both parties. In a tort, the duty of care will always be owed to the lender to the surveyor (Osborne 398). Such circumstances should be accompanied by a contract of the engagement under which the surveyor will have a code of conduct under which he can carry out his services. Such a contract should have the expression of the fact that the work is to be carried out with sufficient care and skill (North 234). If the valuation is done in a negligent manner, it will constitute a violation of the contract. If such an event takes place, then the court will have the responsibili ty of stepping in to establish if such clauses are enforceable or reasonable (Mcdeen 338). With regard to the margin of error test, there is a raging debate as to whether attention needs to be paid to the methodology of the surveyor while conducting a valuation or if the focus ought to be on the output of the valuation (Macod 227). The logic behind this argument is that the end justified the means. If an era was made in the methods and procedures used, it is overlooked if the results of the valuation