A negligent valuer is not liable under s 82 of the TPA for loss attributable to criminal damage to mortgaged property by third parties, even in a 'no transaction' case where the lender would not have made any loan but for the negligent valuation. The criminal damage constitutes an abnormal intervening event breaking the chain of causation. The 'but for' test alone is insufficient to establish legal causation under s 82; the loss must fall within the scope of the harm against which the TPA provides protection. Valuers are not to be treated as insurers of the loan with liability for all losses occurring after a negligent misstatement.
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