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Ross v Caunters [1980] Ch 297

By Oxbridge Law TeamUpdated 04/01/2024 06:59

Judgement for the case Ross v Caunters

Table Of Contents

  • Defendant were solicitors to X and when X made his will, Defendant forgot to mention to him that the spouses of beneficiaries must not be present.

  • Plaintiff’s spouse was present and therefore Plaintiff was unable to get what X had promised her in the will.

  • CA allowed Plaintiff’s claim against Defendant for negligence for the value of the thing being claimed.

    • It said that lack of privity of contract was no bar to claim provided there was proximity between Plaintiff and Defendant, as here. 

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