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Fiduciary DutiesWho is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under...
RepudiationThis Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes...
If a contract’s actual date and effective date are different, is the effective date enforceable?For the purposes of this Q&A we have assumed this...
Agent and principal relationships with third partiesThis Practice Note deals with the relationships arising between principals, agents and third...
Governing law and jurisdiction in contracts with UK consumersThis Practice Note examines the extent to which traders based in England and Wales can make their contracts with consumers based in other UK jurisdictions subject to the governing law and/or jurisdiction of England and Wales. It considers
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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