The Supreme Court allowed an appeal by Jones Lang LaSalle Limited (JLL) and discharged the High Court order that had awarded David Walsh €350,000 for negligent misstatement over incorrect floor-area figures in a property sales brochure.
The judgment, delivered by Ms Justice Laffoy on 1 June 2017, concerned JLL’s 2000 sale brochure for a commercial property on Upper Gardiner Street, Dublin. It stated that the first floor measured 10,463 square feet. A later measurement found it was 8,573.5 square feet, an overstatement of about 18 per cent.
Walsh bought the property from Tucks Limited for IR£2,342,000. He told the High Court that he relied on the brochure’s first-floor figure when estimating potential rental income and calculating his tender. Before submitting it, he had commissioned a condition survey, but not a measurement of the floor area.
The brochure said that care had been taken and the particulars were believed correct, but they were “not warranted” and prospective purchasers should satisfy themselves as to the information. The High Court had found that the disclaimer did not prevent a duty of care, awarded Walsh €350,000 and found no contributory negligence. JLL appealed on liability; it did not challenge the damages calculation.
The Supreme Court held that the disclaimer had to be assessed objectively and read as a whole. It found the wording clearly told prospective purchasers that JLL did not guarantee the particulars and that they should check their accuracy. Because Walsh knew of the disclaimer, the Court concluded that JLL had not assumed responsibility for providing accurate floor-area measurements. Without that assumption of responsibility, no duty of care arose and JLL was not liable for the claimed loss.
The Court therefore allowed JLL’s appeal and discharged the High Court order finding negligence and awarding damages. It did not need to resolve the factual disputes raised on appeal or decide whether Walsh had been contributorily negligent.