Where the partnership has a name, unless it is inappropriate to do so, claims must be brought in the name under which that partnership carried on business at the time the cause of action accrued1. If partners object to one of their number suing a third person in the firm's name, he may be ordered to indemnify them against the costs
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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
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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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