The following Dispute Resolution practice note Produced in partnership with Professor Richard A Buckley provides comprehensive and up to date legal information covering:
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 reasonableness objectively considered.
In order to determine whether a duty of care has been broken, the law adopts the artificial objective standard of the ‘reasonable person’, which involves ignoring the realities of the defendant's situation in so far as their capacities differ from that standard (Glasgow Corpn, per Lord Macmillan).
The objective requirement of a reasonable level of competence applies to skills, which can only be acquired by training and effort, as well as to basic attributes, which most people can be expected to possess.
Thus, learner-drivers of motor cars owe the same duty to drive with the degree of skill and care to be expected of a competent and experienced driver (Nettleship).
Where a professional person is involved, the standard of care will be related to the expertise professed by the defendant. A specialist will therefore be judged by the standard reasonably to be expected of specialists in that branch of the profession in question (Matrix-Securities), and general practitioners by the standard of the reasonably competent general
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This Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in syndicated loans in leveraged financings. TLBs are an established feature in the US market and increasingly used in the European lending market for institutional investors.This
The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
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