Ross v Caunters

A solicitor who negligently failed to warn a testator that a will should not be witnessed by the spouse of a beneficiary was liable to the beneficiary who lost her gift.

Citation
[1980] Ch 297
Court
Chancery Division
Year
1980
Subject
Tort Law
Topic
Pure economic loss and negligent misstatement

Facts

A testator instructed solicitors to prepare his will, which included a gift to Mrs Ross, his sister in law. The solicitors sent the will to him for execution, but did not warn him that it should not be witnessed by the spouse of a beneficiary. Mrs Ross's husband witnessed the will, and the gift to her was therefore void under section 15 of the Wills Act 1837. Mrs Ross sued the solicitors in negligence.

Legal principle

Sir Robert Megarry V-C held that the solicitors were liable. He said that a solicitor who is instructed by a client to carry out a transaction that will confer a benefit on an identified third party owes a duty of care to that third party, because the third party is so closely and directly affected that the solicitor ought to have him in contemplation. The loss was purely economic, but liability was justified because the solicitor's duty was to carry out the client's intentions to benefit the beneficiary. The case was approved in White v Jones.

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