An easement of support for artificial structures may be the subject of an implied or deemed1 grant if and to the extent that a contrary intention is not expressed in the relevant disposition. It differs from a restriction imposed on the working of mines2 in that it does not prohibit working within any area; the mine owner, as in the case of a natural right, is free to work, provided he substitutes efficient artificial support3. If the common owner of the land and the subjacent mines transfers the land to another, but at the same time retains his ownership
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This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
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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
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