VALUATION
LAW
Although
a valuer is not expected to know detailed rules of law, he/she does
profess to know the general rules of law under which a valuation is
made:
We
agree with my learned Brother, that the defendants could not be
expected to supply minute and accurate knowledge of law; but we think
that, under the circumstances, they might properly be required to
know the general rules applicable to the valuation of ecclesiastical
property, and the broad distinction which exists between the cases of
an incoming and outgoing tenant, and an incoming and outgoing
incumbent. According to the evidence, it is plain that the defendants
acted in the valuation as if it were the case of outgoing and
incoming tenant merely, and that they knew of no other rule. Their
ignorance in this respect was a breach of their previous engagement,
to have found a verdict for the defendants - Jervis
CJ in Wise v Metcalfe
(1855) 15 B&C 168, 189.