If according to the ordinary rules of construction1 a representation was reasonably and naturally capable of bearing only one meaning, its truth or falsity must normally be determined on the assumption that it bore that meaning2. In general a representee3 cannot establish falsity by putting an unnatural or strained interpretation on the words used, although he may prove that in fact he so understood them4; nor can a representor5 escape liability by showing that he intended his representation to bear some meaning other than the only meaning which it was naturally capable of bearing
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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
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
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This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
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