Breach of Duty in UK Law
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Bristol and West Building Society v Mothew
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Equitable compensation for breach of the duty of skill and care resembles common law damages in that it is awarded by way of compensation to the plaintiff for his loss. There is no reason in principle why the common law rules of causation, remoteness of damage and measure of damages should not be applied by analogy in such a case.
A fiduciary is someone who has undertaken to act for or on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence. A fiduciary must act in good faith; he must not make a profit out of his trust; he must not place himself in a position where his duty and his interest may conflict; he may not act for his own benefit or the benefit of a third person without the informed consent of his principal.
A fiduciary who acts for two principals with potentially conflicting interests without the informed consent of both is in breach of the obligation of undivided loyalty; he puts himself in a position where his duty to one principal may conflict with his duty to the other: see Clark Boyce v Mouat [1994] 1 AC 428 and the cases there cited. This is sometimes described as "the double employment rule". Breach of the rule automatically constitutes a breach of fiduciary duty.
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M'Alister or Donoghue (Pauper) v Stevenson
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You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.
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Cave v Robinson Jarvis & Rolf
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He can do so if he can show that some fact relevant to his right of action has been concealed from him either by a positive act of concealment or by a withholding of relevant information, but, in either case, with the intention of concealing the fact or facts in question.
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McGhee v National Coal Board
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First, it is a sound principle that where a person has, by breach of a duty of care, created a risk, and injury occurs within the area of that risk, the loss should be borne by him unless he shows that it had some other cause.
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Bonnington Castings Ltd v Wardlaw
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In my judgment, the employee must in all cases prove his case by the ordinary standard of proof in civil actions: he must make it appear at least that on a balance of probabilities the breach of duty caused or materially contributed to his injury.
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The Ionising Radiations Regulations 2017
... ... (a) an employer includes a reference to a self-employed person and any duty imposed by these Regulations on an employer in respect of that employer's ... ) In any proceedings against an employer of an outside worker for a breach of a duty under these Regulations it is a defence for that employer to ... ...
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Unfair Contract Terms Act 1977
... ... law of England and Wales and Northern Ireland civil liability for breach of contract, of for negligence or other breach of duty, can be avoided by ... ...
- Limitation Act 1980
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Limitation Act 1975
... ... damage for negligence, nuisance or breach of duty ... (whether the duty exists by virtue of a contract or ... of ... ...
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The Continuing Value of Relief for Directors' Breach of Duty
The nature and scope of relief for directors in breach of their duties did not figure prominently in the Steering Group's fundamental review of company law. Little is proposed beyond removing one o...
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Neglect of Duty and Breach of Trust. Ancient offences in the modern battle against impunity in the public service
Purpose: The paper seeks to contend that first, the current law treating Neglect of Duty and Breach of Trust as a single offence is incorrect; and second, that the offences can be an important tool...
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High court rules negligence claim in relation to pension advice in relation to income draw down scheme is time barred
Purpose: The purpose of this paper is to report and comment on the High Court of Justice ruling on Shore v. Sedgwick Financial Services Ltd & Others. Design/methodology/approach: The paper outline...... ... nding the case andcomments on the ruling.Findings – The claim for breach of duty against the defendants was time barred.Originality/value – An ... ...
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Remedies for Breach of Trust
The decision of the Supreme Court in AIB Group (UK) Plc v Mark Redler & Co confirms the approach taken by Lord Browne‐Wilkinson in Target Holdings Ltd v Redferns: where a trustee misapplies trust a...... ... trustee misapplies trust assets, a beneficiary is limited to a claim for equitable compensation for losses caused by the trustee’s breach of duty. This seems to be a departure from traditional equitable doctrine, which held that the beneficiary could falsify the trustee’s unauthorised ... ...
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No limitation period in breach of duty claim against director
A recent UK Supreme Court decision establishes that where a director unlawfully transfers property to a company he controls, a subsequent breach of duty claim will not be subject to a limitation pe...
- Administrator Breach Of Duty Claim
- Directors' Fiduciary Duties: Inactivity May Be A Breach Of Duty
- Free Advice But Can You Prove Breach Of Duty?
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Claim notification - Low value personal injury claims in public liability accidents (£1,000 - £25,000)
Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.... ... Accident occured ... Caused by the defendant’s breach of duty ... Caused some loss to the claimant, the nature and extent of ... ...
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Claim notification - Low value personal injury claims in employers' liability - accident only (£1,000 - £25,000)
Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.... ... Accident occured ... Caused by the defendant’s breach of duty ... Caused some loss to the claimant, the nature and extent of ... ...
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Claim notification form: Low value personal injury claims in employers' liability - disease (£1,000 - £25,000)
Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.... ... Exposure occured ... Caused by the defendant’s breach of duty ... Caused some loss to the claimant, the nature and extent of ... ...
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Claim notification
Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.... ... Accident occured ... Caused by the defendant’s breach of duty ... Caused some loss to the claimant, the nature and ... extent of ... ...