chapter
might be barred (although statute prevents this rule applying in respect of motor vehicles) (Morris v Murray [1991] 2 QB 6). A moment’s thought will reveal just how important consent is to the law of tort and, of course, it is an idea that is reflected in contractual exclusion and limitation clauses (see, for example, Photo Productions v Securicor, p 552). At what level does consent function in contract and tort: at the level of actionability, causation or damages? Can a dead person ever be deemed to consent?
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Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd [1997] AC 191 House of Lords

Lord Hoffmann: My Lords, the three appeals before the House raise a common question of principle. What is the extent of the liability of a valuer who has provided a lender with a negligent overvaluation of the property offered as security for the loan? The facts have two common features. The first is that if the lender had known the true value of the property, he would not have lent. The second is that a fall in the property market after the date of the valuation greatly increased the loss which the lender eventually suffered…

Because the valuer will appreciate that his valuation, though not the only consideration which would influence the lender, is likely to be a very important one, the law implies into the contract a term that the valuer will exercise reasonable care and skill. The relationship between the parties also gives rise to a concurrent duty in tort: see Henderson v Merrett Syndicates Ltd [1995] 2 AC 145. But the scope of the duty in tort is the same as in contract.