The relationship between the architect or engineer and his client is primarily contractual. Thus, the duties to be performed by the architect or engineer will principally depend upon the express or implied terms of the contract in question. However, it is clear that professionals generally owe a parallel duty and undertake a concurrent liability in tort1. Moreover, certain duties are customarily performed by competent experienced architects and engineers2.
The test of whether the architect or engineer is in breach of his duty is whether he did or did not exercise the skill and care to be expected of an ordinary
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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
This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
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