Low V. Bouverie in Europe
Definition of Low V. Bouverie
([1891] 3 Ch. 82). A plaintiff cannot recover for negligence unless the defendant owes him a duty to take care. The plaintiff, contemplating making an advance to Bouverie on the security of his interest in a certain estate vested in trustees, wrote to the defendant, who was one of the trustees, asking whether Bouverie’s interest was subject to any incumbrances. The defendant replied mentioning certain incumbrances, but he did not say there were no others. The plaintiff then made the advance. At the date of the defendant’s reply there were in fact other charges, but the defendant had forgotten them. The plaintiff’s security, by reason of these other charges, proved valueless, and he brought this action to compel the defendant to indemnify him. Held, that the action could not be maintained
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Definition of Low V. Bouverie is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.
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