The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note serves as a quick reference guide for practitioners comparing the law of damages as it applies to claims in tort and in contract.
For the basic principles of the law of damages, see Practice Note: The remedy of damages—general principles.
For detailed guidance on the law as it applies to contract claims, see: Contractual breach damages and remedies—overview.
For detailed guidance on the law as it applies to claims in tort, see: Damages in tort claims—recovery and assessment.
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Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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