In order that a claim may be maintained in the case of a gratuitous deposit, the depositary must have been guilty of fraud1, breach of orders, or such want of reasonable care as to constitute negligence2. In negligence the standard of care required of a gratuitous bailee is that demanded by the circumstances of the particular case3: thus the measure of diligence demanded of a gratuitous depository is as a rule that degree of diligence which men of common prudence generally exercise about their own affairs4, but if the bailee is notoriously dissipated, negligent or imprudent, and the bailor
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
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This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
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