The claimant was considering the purchase of an investment property which had been converted into flats. Being somewhat concerned about evidence of damp in the basement of the property, she asked the defendant, who practised as an estate agent, valuer and surveyor, to inspect it. The defendant reported that the damp was merely due to condensation and that it would cause no problem so long as it was kept properly aired. When the claimant subsequently brought an action for negligence in respect of this advice, the defendant argued that he was unqualified, had no professional training and had only a working knowledge of structures from an estate agency point of view. It was held that, since the defendant described himself as a surveyor when taking on work, he must be judged by the standards of a qualified surveyor.
