Whenever a person, acting under misapprehension as to an existing fact or state of facts, delivers to another a chattel which cannot be restored in specie, there arises the quasi-contract of pro-mutuum, which imposes upon the recipient the obligation to restore its equivalent. Pro-mutuum differs from mutuum1 in that this obligation is imposed by law, whereas in mutuum it arises out of the voluntary agreement between the lender and the borrower; it resembles mutuum in that the subject matter to which it relates must always consist of money or fungibles, that is, chattels which, owing to their being consumed
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Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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