It is generally accepted that an employee owes a duty of care in relation to physical damage to those who may foreseeably be affected by his conduct, including those contracting with his employer as fellow employees or customers1. On the ground that the law cannot be more favourable to company directors than it is to employees, it has been held that a director must be personally liable where his negligent conduct leads to foreseeable physical damage2. Where the negligence of the employee or director results in pure economic loss, personal liability will depend upon whether there has been a
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Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
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