The Duty Owed
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The Duty Of Care In Negligence
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Author : James Plunkett
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-02-08
The Duty Of Care In Negligence written by James Plunkett and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-08 with Law categories.
This book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. A new structure through which duty problems can be analysed is also proposed. It is hoped that the book provides some fresh insights and clarity of the concept to the reader.
The Duty Of Care As A Duty In Rem
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Author : Peter Choi
language : en
Publisher:
Release Date : 2015
The Duty Of Care As A Duty In Rem written by Peter Choi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
Over the course of the twentieth century, the common law has lessened the duty of care--the threshold element of negligence liability -- to a "frustratingly inconsistent, unfocused, and often nonsensical" doctrine that is applied in multiple ways. Underlying this confusion and serving as a topic of extensive judicial and scholarly debate is the question of how the relational dynamic between the plaintiff and the defendant at the time of the alleged tort bears on the issue of whether the defendant owed the plaintiff a duty of care. In examining recent academic debate on that question that has surrounded the drafting and publication of The Restatement (Third) of Torts, this paper defends the Third Restatement's "world-at-large" view of the duty of care. It does so on the basis of a theory that conceptualizes the duty of care as a duty in rem -- an obligation owed to people in general (rather than to some defined class) by virtue of every person's ownership of some particular "thing." The theory that this paper offers reifies personal freedom -- the liberty every person has to act and use his property with reasonable care in the pursuit of his interests -- to challenge criticisms of the Third Restatement that suggest that a "duty to the world" entails a nihilistic view that offers no substantive concept of obligation and renders duty a mere instrument for issuing policy driven decisions. In challenging these criticisms, this paper argues that properly conceived, a duty of care owed to the "world at large" is an obligation owed to people by virtue of the exclusive and moral dominion every person is entitled to exercise over his personal freedom. Moreover, by measuring the scope of the duty of care on the basis of the "thing" of personal freedom, an in rem conception optimizes the information costs associated with establishing rights and duties between private parties so as to best facilitate the arm's-length social interactions with which negligence law is primarily concerned. Understood this way, the duty of care is a coherent moral and functional principle of law for governing the vast and anonymous network of people who necessarily impose risks of physical harm on each other in pursuing their various ends.
Tort Law
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Author : Nicholas J. McBride
language : en
Publisher:
Release Date : 2001
Tort Law written by Nicholas J. McBride and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
This book provides a coherent exposition of the law of tort around a framework which identifies clearly the guiding principles, identifying where decided cases have departed from these principles, and marking out the directions in which the law of torts is likely to develop in the future.
Torts
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Author : William A. Rutter
language : en
Publisher:
Release Date : 1972
Torts written by William A. Rutter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Torts categories.
Law Of Tort
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Author : Roger Caldwell
language : en
Publisher: Straightforward co Ltd
Release Date : 2013-05-25
Law Of Tort written by Roger Caldwell and has been published by Straightforward co Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-25 with Law categories.
Guide to the Law of Tort, second edition, by Roger Caldwell, is the perfect introductory text to this complicated area dealing with negligence generally and liability for negligence and breach of duty.
Atiyah S Accidents Compensation And The Law
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Author : Peter Cane
language : en
Publisher:
Release Date : 2006
Atiyah S Accidents Compensation And The Law written by Peter Cane and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Accident law categories.
A classic treatment of the law relating to compensation for personal injuries, this edition discusses the relevant legal rules as well as the social, political and economic issues underlying the law.
Tort Law And Criminal Law And Contract Law
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Author : Johnny Ch Lok
language : en
Publisher:
Release Date : 2019-09-06
Tort Law And Criminal Law And Contract Law written by Johnny Ch Lok and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-06 with categories.
negligence and malpracticeNegligence is a failure to follow the degree of care that would be followed by a reasonably prudentperson in order to avoid foreseeable harm. A person can be negligent if he or she acts with less care than a reasonable person would use under similar circumstances.Bob drove a car on a country road at 35 miles an hour. The maximum speed limit was 45 miles anhour. He struck and killed a cow that was crossing the road. The owner of the cow sued Bill for thevalue of the cow. Bill said that since he was not driving above the speed limit, there could be noliability for negligence. Was this defense valid? No. A person must at all times act in the manner inwhich a reasonable person would act under the circumstances. The fact that Bill was driving withinthe speed limit was only one of the circumstances to consider. The weather or the condition of theroad may have made it unreasonable to drive at 35 miles an hour. Driving slower than the speedlimit does not in and of itself prove that the driver was acting reasonably.The reasonable person standard varies in accordance with the situation. The degree of care required of a person is that which an ordinarily prudent person would exercise under similar circumstances. This does not necessarily mean a degree of care that would have prevented the harm from occurring.The elements required to establish negligence are: the presence of duty; a voluntary act or failure to act (an omission) that breaches the duty; proximate causation of harm; and damage (i.e., the breach of duty causes harm to the plaintiff).Torts involve duties created by law. Just because someone is hurt does not mean that someone elsemust pay for the harm. There must have been a duty which has been breached. A plaintiff will notbe allowed to recover from a defendant if the defendant did not breach a duty that was owed to the plaintiff. For example, if a burglar breaks into my house and trips over an item of furniture, I am not liable to the burglar because I had no duty to him. However, if a guest in my house trips over a piece of furniture, I may have a duty to that guest. The breach of duty must result from a voluntary act or failure to act.In order for someone to be legally responsible for damage, it is necessary to show that the wrongful act was the proximate cause of the harm. The injury must be shown to be the natural and probable result or consequence of the alleged act of negligence. The plaintiff must prove that the defendant's negligence proximately caused the Plaintiff's injury. There may be more than one proximate cause of an accident.The final element of negligence is damages. A plaintiff may recover monetary damages tocompensate the plaintiff for economic losses such as lost wages and medical expenses. A plaintiffmay also recover non-economic losses such as for pain and suffering. The former are claimed on anormal accounting basis, and the latter are at the discretion of the judge.(7) MalpracticeMalpractice is a failure by a physician or other professional to use the skill and care that othermembers of their profession would use under similar circumstances. When an accountant, doctor, attorney, or some other professional contracts to perform services, there is a duty to exercise skill and care as is common within the community for persons performing similar services. Failure to fulfil that duty is malpractice.(8) NuisanceNuisance is a civil wrong, consisting of anything wrongfully done or permitted that interferes with or annoys others in the enjoyment of their legal rights. It is anything that annoys or disturbs the free use of one's property or that renders its ordinary use or physical occupation uncomfortable.
The Duty Of Care Of Auditors
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Author : Boon Ann Sin
language : en
Publisher:
Release Date : 1990
The Duty Of Care Of Auditors written by Boon Ann Sin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Torts categories.
Tort Law
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Author : Kirsty Horsey
language : en
Publisher: Oxford University Press
Release Date : 2017
Tort Law written by Kirsty Horsey and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Torts categories.
This is an ideal main text for undergraduate tort law courses. The authors combine a lively, engaging writing style with a critical approach to the subject. It uses pedagogical features such as 'counterpoint' and 'pause for reflection' boxes to encourage students to think more deeply.
Accountants Negligence And Liability
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Author : Simon Salzedo KC
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-03-26
Accountants Negligence And Liability written by Simon Salzedo KC and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-26 with Law categories.
An in-depth practical work covering all the main areas of accountants' legal liabilities in negligence claims, including audit liabilities to clients and others, tax and insolvency work and conflicts of interest. It covers accountants' negligence in relation to claims against accountants acting for corporations as well as accountants acting for individuals. The second edition focusses on the difficult legal issues surrounding the liability of accountants in negligence claims. It covers statutory and non-statutory audits, tax advice, specified procedures reporting, due diligence reports and corporate finance reporting. It looks at the scope of losses for which the accountant may be liable with detailed reference to case law as well as money laundering and regulatory issues. Limitation and contributory fault are considered with special reference to accountants' cases. The following important developments and case law are included: - The material covering the application of the SAAMCO/scope of duty principle has been substantially revised following the clarification of the SAAMCO principle of scope of duty by the Supreme Court in BPE Solicitors & Anor v Hughes-Holland [2017] UKSC 21, [2018] AC 599 and the Court of Appeal in the accountants' case of Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40, [2019] 1 WLR 4610 - AssetCo v Grant Thornton [2019] EWHC 150 (Comm), [2019] Bus LR 2291 in which the first edition of this book was cited several times, an auditor was held liable for trading losses caused by management fraud and the Court of Appeal at [2021] PNLR 1 considered the application of the scope of duty principle to a general audit case and the question of credit for the receipt by the company of new capital - The difficult question of the application of the scope of duty principle to dividends, discussed by the High Court in BTI v PricewaterhouseCoopers [2020] PNLR 7 and the Court of Appeal in AssetCo v Grant Thornton - Lowick Rose LLP v Swynson Ltd & Anor [2017] UKSC 32 on avoided loss - Developments in the application of rules of contributory fault to accountants in the light of the trial judgments on this issue in Manchester Building Society v Grant Thornton and AssetCo v Grant Thornton - The effect of the Supreme Court's decision in Singularis Holdings v Daiwa Capital Markets [2020] AC 1189 on auditor's counterclaims and the illegality defence - The controversial High Court decision on accountants' conflicts of interest in Harlequin Property v Wilkins Kennedy [2017] 4 WLR 30 - Pre-action disclosure against auditors following the decision in Carillion Plc v KPMG LLP [2020] EWHC 1416 (Comm) - First Tower Trustees v CDS (Superstores) [2019] 1 WLR with important implications for the application of UCTA to disclaimers of liability - Halsall v Champion Consulting [2017] PNLR 32 where extended limitation under s14A was considered in the context of tax schemes and a tax adviser's contractual time bar was construed - Evans v PricewaterhouseCoopers [2019] EWHC 1505 (Ch) on the date when the cause of action for tax advice was considered in detail - Developments in the law of privilege in relation to investigations of auditors including Sports Direct v Financial Reporting Council [2020] EWCA Civ 177, [2020] 2 WLR 1256 - Substantial revisions to the Code of Ethics, disciplinary bye-laws, and the FRC's rules and schemes