Where an agent acts for reward, a higher standard is exacted than in the case of an agent acting without reward1. The care, skill or diligence required is not merely that which the agent in fact possesses, but such as is reasonably necessary for the due performance of his undertaking2. He must show at least such diligence in conducting his principal's business as the principal would reasonably have been able to display if the principal had undertaken the business himself3. If he is an agent following a particular trade or profession, and holding himself out to the world for
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Background to the Single RulebookHistorically, the European Commission (Commission) favours using Directives (rather than Regulations) to set out its legislation in respect of the financial services sector. However, Directives, allowing Member States greater flexibility in how they implement
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
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What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
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