'A tendency to induce' means a tendency to induce the particular representee1 in the proved or admitted circumstances of the case. Where there is nothing special in those circumstances it is sufficient to prove that, in the ordinary course of events, the natural and probable effect of the representation was to influence the mind of a normal representee in the manner alleged2. However, there may be, to the knowledge of the representor3, circumstances peculiar to the representee of such a character as to render the particular representation of importance to the particular representee to whom it was addressed, even
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Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to insurers: the Conduct of Business Sourcebook (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS). This Practice Note considers how these
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
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