Assumption of Responsibility in UK Law
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Williams and Another v Natural Life Health Foods Ltd and Another
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First, in Henderson it was settled that the assumption of responsibility principle enunciated in Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd. [1964] A.C. 465 is not confined to statements but may apply to any assumption of responsibility for the provision of services.
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Phelps v London Borough of Hillingdon
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It is sometimes said that there has to be an assumption of responsibility by the person concerned. That phrase can be misleading in that it can suggest that the professional person must knowingly and deliberately accept responsibility. The phrase means simply that the law recognises that there is a duty of care. It is not so much that responsibility is assumed as that it is recognised or imposed by the law.
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Ministry of Housing and Local Government v Sharp
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I do not accept that, in all cases, the obligation to take reasonable care necessarily depends upon a voluntary assumption of responsibility, Even if it did, I am far from satisfied that the Council did not voluntarily assume responsibility in the present case.
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Commissioners of Customs and Excise v Barclays Bank Plc
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The second is commonly known as the threefold test: whether loss to the claimant was a reasonably foreseeable consequence of what the defendant did or failed to do; whether the relationship between the parties was one of sufficient proximity; and whether in all the circumstances it is fair, just and reasonable to impose a duty of care on the defendant towards the claimant (what Kirby J in Perre v Apand Pty Ltd [1999] HCA 36, (1999) 198 CLR 180, para 259, succinctly labelled "policy").
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Caparo Industries Plc v Dickman
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What emerges is that, in addition to the foreseeability of damage, necessary ingredients in any situation giving rise to a duty of care are that there should exist between the party owing the duty and the party to whom it is owed a relationship characterised by the law as one of "proximity" or "neighbourhood" and that the situation should be one in which the court considers it fair, just and reasonable that the law should impose a duty of a given scope upon the one party for the benefit of the other.
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White and Another v Jones and Another
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In my opinion, therefore, your Lordships' House should in cases such as these extend to the intended beneficiary a remedy under the Hedley Byrne principle by holding that the assumption of responsibility by the solicitor towards his client should be held in law to extend to the intended beneficiary who (as the solicitor can reasonably foresee) may, as a result of the solicitor's negligence, be deprived of his intended legacy in circumstances in which neither the testator nor his estate will have a remedy against the solicitor.
Although the categories of cases in which such special relationship can be held to exist are not closed, as yet only two categories have been identified, viz. (1) where there is a fiduciary relationship and (2) where the defendant has voluntarily answered a question or tenders skilled advice or services in circumstances where he knows or ought to know that an identified plaintiff will rely on his answers or advice.
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The Pensions Act 2011(Consequential and Supplementary Provisions) Regulations 2014
... ... regulation 55(2) of those Regulations (closed schemes: Board's assumption of responsibility after the appointed day) ... 16I. Any direction given ... ...
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Finance Act 2020
... ... the total of—(i) the amount of pre-entry losses that, on the assumption in sub-paragraph (1C) , would be deductible under sub-paragraph (1) (b) , ... entrust to some other officer of Revenue and Customs the responsibility for completing the assessing procedure, whether by means involving the use ... ...
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The Pension Protection Fund, Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2013
... ... ) (b) the name of the scheme for which the Board has assumed responsibility; and ... (c) (c) the date on which the person would like the ... assumption of responsibility)— ... (a) (a) before sub-paragraph (a) insert— ... ...
- The Pension Protection Fund (Miscellaneous Amendments) Regulations 2012
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Assumption of Responsibility in Corporate Groups: Chandler v Cape plc
In Chandler v Cape plc, the Court of Appeal imposed for the first time liability on a company for a breach of its duty of care to an employee of its subsidiary. In doing so, the court laid out a ne...
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A Reappraisal of Solicitors’ Liabilities to Opposing Parties and the (Further) Retreat from Caparo – Steel and Another v NRAM Ltd
... ... to opposing parties, Steel also affirms the primacy of the “assumption of responsibility” principle, signifying the abandonment of the ... ...
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Directors’‘Tortious’ Liability: Contract, Tort or Company Law?
... ... incurs no liability unless and until he assumes personal responsibility. In Williams v Natural Life Health Foods Ltd the Court of Appeal 2 also ... in holding that the liability of directors under the developing assumption of responsibility tort does not present a special case and that the tort ... ...
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Brian Coote, CONTRACT AS ASSUMPTION Oxford: Hart Publishing (www.hartpub.co.uk), 2010. xxviii + 217 pp. ISBN 9781849460293. £29.99.
... ... interest (ch 8); transferred loss claims and the performance interest (ch 9); third party rights (ch 10); and assumption of responsibility and pure economic loss in New Zealand (ch 11), a jurisdiction with which Coote is well familiar, being an emeritus professor of law at the University ... ...
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