Assumption of Responsibility in UK Law
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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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Liability for References: The House of Lords and Spring v Guardian Assurance
... ... & Co v Heller & Partners Ltd5 and the 'voluntary assumption of responsibility' as the source of the duty of care. Indeed, ... ...
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Poole Borough Council v GN, and the Piecemeal Dismantling of Local Authorities' Immunity
... ... to investigate and take appropriate measures constituted an assumption of responsibility, which was breached by a failure to take appropriate ... ...
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Pure Economic Loss in Negligence: Has England got it wrong? Does Australia have it right?
The exclusionary rule regarding recovery for pure economic loss in negligence in England has been the subject of academic debate for a long time. The law of negligence in England has developed in s...... ... the defendant either expressly or implicitly undertakes responsibility to the claimant for advice or information but also where the relationship ... 86 He stated that „assumption of responsibility‟ was not always a condition necessary to give rise to ... ...
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Concurrent Duties
This paper offers an account of concurrent liability, and in particular the existence of, and interaction between, concurrent contractual and non‐contractual duties. It argues for five essential pr...... ... and in negligence, the latter based on a Hedley Byrne -type ‘assumption of responsibility ,’ involve tw o independent duties, which are ... ...
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Whither Remoteness? Wellesley Partners LLP v Withers LLP
In Wellesley v Withers, the Court of Appeal held that where a defendant is concurrently liable in tort and contract, the contractual rules for the remoteness of loss must apply. Two principal reaso...... ... is more original and compelling: that the nature of any responsibility assumed in tort is distinct from, but wholly defined by , the valid ... given that the tortious duty arises out of the same assumption of responsibility as exists under the contract. 42 What precisely is the ... ...
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Recent Judicial Decisions
... ... as regards these functions where the police have assumed responsibility towards the claimant (see Brooks , Swinney v Chief Constable of ... As regards the issue of negligence, was there any assumption of responsibility by the police to the victim? HELD Once the victim had ... ...
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