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   Case summaries      Pilkington v Wood

Pilkington v Wood [1953] Ch 770
The claimant purchased a house which turned out to have a defective title.  Shortly after the purchase he, obtained employment elsewhere and needed to relocate. He had difficulty in selling the house due to the defect in title He brought an action against his solicitor for his negligence in failing to notice the defect.
The solicitor was liable for the difference in value between what it was worth without the defect and what it was worth with the defect. However, he was not liable for the added loss caused by the need to move as it was not in the reasonable contemplation of the parties that he would move so soon after sale.
On the issue of mitigation:
The claimant was entitled to sue the vendor, although the court held there was no duty to sue the vendor in order to mitigate their loss arising from the defendant’s negligence.

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