Property analysis: In this appeal the court was asked to determine the effect of the respondent attempting to transfer his legal interest in a property to the appellant for nil consideration by means of a TR1 which was both defective and unregistered.
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Negligence—when is the duty of care breached?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
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