Duty of care Duties to patients in contract: Butterworths Personal Injury Litigation Service [211] states: ‘Where a health professional undertakes private practice, a contractual relationship is likely to arise between the patient and the health professional. In the absence of an express term to the contrary, a term will be implied into that contract that the service will be performed with reasonable care and skill. In the case of private hospital treatment, most doctors undertake such services as independent contractors. Thus, for example, there may be separate contractual relationships in respect of the provision of nursing care, resident medical officers and laboratory services.’ Duties to patients in tort: Butterworths Personal Injury Litigation

From 13 June 2014, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 replace the Consumer Protection (Distance Selling) Regulations 2000 and Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008. The regulations apply if you enter into an off-premises or distance contract with a consumer client. At the heart of the regulations is the duty to give the client: • notice of their right to cancel (called Instructions for cancellation), and • a prescribed Cancellation form A retainer is a contract to provide legal services for the purpose

In order for a contract to be valid there must be both a valid offer that is capable of being accepted and valid acceptance. Terms and conditions are express terms, and so it must be established that they are incorporated into a contract in order for them to be relied upon. The Q&A: Is it sufficient from a contractual perspective to state that a copy of terms and conditions can be viewed elsewhere or are available on request? explains that in order to establish that express terms

[ To be typed on headed notepaper of transferor ] [Date] Dear [enter name of employee] Transfer of employment to [enter name of transferee] [As you will be aware, contracts were exchanged today for the sale of [enter description of business or part of business] to [enter name of transferee]. OR As you will be aware, we entered into a contract today for [enter name of transferee] to provide [enter description of services]. OR As you will be aware, our contract to provide [insert details] services to [identify client] is coming to an end on [date] and on its termination

Cash flow is essential to the construction industry—without it, projects would grind to a halt. However, where parties owe sums of money to each other (for example, where an employer owes the contractor for works undertaken but the contractor also owes the employer for damage caused to the property during the works) it makes commercial sense to have a mechanism whereby only one payment is made rather than two separate payments. Such a mechanism exists in the form of 'set-off'. This Practice Note gives an overview of set-off (both generally and contextually within the construction industry), explains how it works in practice and offers some practical tips and considerations to bear in mind when dealing with set-off in the context of construction contracts. What is set-off? Commercially, set-off is a mechanism used by parties to manage cash flow. It effectively allows for the offset of opposing financial claims to produce a single amount owed by one party to another. In litigation, set-off functions as a defence to a claim for monies due. For more information, see Practice Note: What

We would like to comment upfront that this query concerns areas of law which are not, as yet, entirely settled and, depending on the circumstances, it may be worth seeking counsel’s opinion. Key questions to consider are: • is a floating charge a contract to dispose of an interest in land, meaning it would fall within section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989)? • if so, is the whole of the floating charge invalidated if the lender has not signed, or is it only invalid as regards land which might fall in the floating charge assets? • if the floating charge is only invalid for failed execution to the extent the floating charge assets comprise land, then the next question is whether the floating charge can still be considered a qualifying floating charge? • can the charge be countersigned at a later date? Is

This Practice Note examines the key differences between Irish insurance law and UK insurance law and will cover: • the Consumer Insurance Contracts Act 2019 (Ireland) (CICA 2019 (IRL))—a brief overview • the difference between consumer and non-consumer contracts in Ireland • the difference between the Irish rules regarding fair presentation, the duty of disclosure and utmost good faith compared with the Insurance Act 2015 (IA 2015) and the Marine Insurance Act 1906 (MIA 1906) • Irish provisions relating to prompt payment of claims compared with the Enterprise Act 2016 (EA 2016) • the differences between CICA 2019 (IRL) and the UK Consumer Insurance (Disclosure and Representations) Act 2012 (CI(DR)A 2012) • the Civil Liability Act 1961 (Ireland) (CLA 1961 (IRL)) compared to the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) • arbitration clauses • role of the Central Bank of Ireland (CBI) compared to the role of the UK Financial Conduct Authority (FCA) and Prudential

Administrative receivership The position of employees following the appointment of an administrative receiver As a general rule, employees are not immediately affected by the appointment of an administrative receiver and there is no automatic termination of contracts. For more information see Practice Note: How a company's insolvency affects its employees. However, this is subject to the following three exceptions, which would result in automatic termination: (1) if the appointment is accompanied by an immediate sale of the business; (2) where simultaneously, or soon after the appointment, the administrative receiver and employees enter into a new contract that is inconsistent with the old contract; or (3) where the continuation of the employment of a particular employee would be inconsistent with the role and functions of the administrative receiver (eg where the appointment of an administrative receiver makes the role of a managing director redundant). Administrative receivers attract personal liability for any contract entered into by them in carrying out their functions and for any contract of employment they adopt in carrying

This Practice Note summarises the law, guidance and practice relating to the execution of simple contracts and deeds. It considers the key differences between deeds and simple contracts, the particular transactions for which a deed is required, the execution formalities for deeds and contracts, the requirement for signature, counterparts, dating, smart legal contracts, virtual execution and electronic signatures. We have produced a collection that is a comprehensive, interactive resource to help users identify and work through the concepts and common issues when executing documents. Each section or phase includes practical guidance, precedent clauses and Q&As relevant to that section. For more information, see: Execution collection. Creating contracts A contract is a legally binding agreement that grants rights and creates duties between two or more parties. There is a vast amount of case law on contract law principles which are not covered in depth here. In the simplest possible terms, contract law principles provide that for a contract to exist, four key elements must be present: • an offer must have been made • that offer must have been accepted

This Checklist identifies the main points to consider when dealing with a disposal of an interest in property that is (or may be) subject to the tenants’ right of first refusal under the Landlord and Tenant Act 1987 (LTA 1987). For further information and detailed guidance, see Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987. Landlord • Is the proposed transferor ‘the landlord’? • If so, is the landlord ‘exempt’ or ‘resident’? In either of these cases, the right of first refusal does not apply. Disposal • Is the landlord entering into an arrangement which is a 'disposal' (this includes a contract to create or dispose of an estate or interest in land, an assignment of rights under such a contract, and a contract to assign rights under such a contract)? • If so, is it a 'relevant disposal', ie not the grant of a tenancy of a single flat (with or without appurtenant premises) or any other disposal excluded under LTA 1987? Premises • Does the proposed disposal

This new starter guide provides an introduction to insurance and reinsurance. It is aimed at junior lawyers and individuals who are new to insurance and reinsurance as a practice area. The guide focuses on key issues and includes links to additional resources and materials that provide more comprehensive information on the topics covered. What is insurance law? Insurance law can be split into three parts: • insurance contract law which governs the contractual relationship between insureds and insurers • the law of intermediaries which regulates insurance business which is transacted through agents (this is true for most insurance business) • insurance regulation and company law which is concerned with the financial soundness, probity and regulation of insurance companies For more information, see Practice Note: General principles of insurance contract law. Insurance policies are fundamentally contracts and the usual principles of contractual construction apply. For further guidance as to the nature of insurance contracts, see: Insurance contracts—overview and Practice Notes: • Identifying contracts of insurance in English law—an introduction • What is a contract of insurance? • Identifying a contract of insurance—flowchart • Insurable

This Precedent confidentiality letter or non-disclosure agreement (NDA) assumes that there will be a one-way flow of confidential information (and possibly personal data) from the seller to the buyer. It therefore also includes links to precedent pro-disclosing party and pro-receiving party data sharing provisions involving incidental personal data sharing if the parties will each act as joint controllers and wish to contract on a basis that complies with essential requirements of Irish data protection law in connection with limited sharing of low risk personal data as part of due diligence. A general duty of confidence exists in equity, whereby a person cannot take unfair advantage using confidential information that it has received (it must not use such confidential information without first obtaining the consent of the discloser). This duty of confidence arises where there is a fiduciary relationship (such as between an adviser and their client, or between an employer and employee) and will play a part if the target company has such a fiduciary relationship with its clients/customers/suppliers. If such a relationship