Cann v Willson explained

Cann v Willson
Citations:	39 Ch D 39

Cann v Willson (1888) 39 Ch D 39, is an English tort law case, concerning negligent valuation.

Facts

A valuer instructed by a mortgagor sent his report to the mortgagee who made an advance in reliance on the valuation.

Judgment

The valuer was held liable in the tort of negligence to the mortgagee for failing to carry out the valuation with reasonable care and skill.

Significance

The decision in Cann v Willson was retreated from in subsequent cases including Derry v Peek,^[1] Le Lievre v Gould,^[2] and Candler v Crane, Christmas & Co,^[3] but the principle that a third party could have a tort claim for negligent misstatement was brought back with the decision in Hedley Byrne & Co Ltd v Heller & Partners Ltd.^[4]

See also

• Smith v Eric S Bush

Notes and References

1. (1889) 14 App Cas 337
2. 1893
3. Stevens . Robert . 1964 . Hedley Byrne v. Heller: Judicial Creativity and Doctrinal Possibility . The Modern Law Review . 27 . 2 . 121–166 . 0026-7961.
4. Book: Mulheron, Rachael . Principles of tort law . 2020 . Cambridge University Press . 978-1-108-72764-8 . 2nd . Cambridge, United Kingdom . 169-171.