• In English tort law, there can be no liability in negligence unless the claimant establishes both that they were owed a duty of care by the defendant...
    11 KB (1,744 words) - 13:42, 8 October 2024
  • Thumbnail for Fiduciary
    EWCA Civ 533, [1998] Ch 1 (24 July 1996), Court of Appeal (England and Wales). "Breach of Fiduciary Duty Law & Legal Definition". Legal Definitions Legal...
    57 KB (7,226 words) - 20:43, 7 November 2024
  • Breach of confidence in English law is an equitable doctrine that allows a person to claim a remedy when their confidence has been breached. A duty of...
    15 KB (1,780 words) - 13:54, 22 April 2022
  • In English tort law, an individual may owe a duty of care to another, in order to ensure that they do not suffer any unreasonable harm or loss. If such...
    26 KB (3,718 words) - 17:14, 25 August 2024
  • Thumbnail for Duty of care
    of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed...
    29 KB (3,837 words) - 23:08, 18 August 2024
  • Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both...
    164 KB (21,984 words) - 05:12, 16 November 2024
  • Thumbnail for English contract law
    voluntary obligation, contrasting to the duty to not violate others rights in tort or unjust enrichment. English law places a high value on ensuring people...
    199 KB (28,902 words) - 17:37, 8 August 2024
  • Thumbnail for Nettleship v Weston
    Nettleship v Weston (category English tort case law)
    is an English Court of Appeal judgment dealing with the breach of duty in negligence claims. In this case the court had considered the question of the standard...
    4 KB (407 words) - 22:55, 3 July 2024
  • to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a...
    43 KB (5,944 words) - 23:15, 3 November 2024
  • Thumbnail for South African contract law
    a close similarity between a breach of contract and a delict, in that both are civil wrongs and may give rise to a duty to pay damages as compensation...
    237 KB (36,869 words) - 12:45, 15 November 2024
  • and damage. For these purposes, liability in negligence is established when there is a breach of the duty of care owed by the defendant to the claimant...
    19 KB (2,815 words) - 13:32, 8 October 2024
  • issues in establishing that there was a duty of care and that that duty was breached, remoteness is designed as a further limit on a cause of action to...
    12 KB (1,874 words) - 13:57, 12 November 2022
  • obstruction before breach of the peace is imminent. An example of a valid citizens arrest to prevent breach of the peace was where an off duty constable bundled...
    32 KB (4,958 words) - 20:46, 13 September 2024
  • Thumbnail for Good faith (law)
    prevalent in insurance law, when the insurer's breach of the implied covenant may give rise to a tort action known as insurance bad faith. The advantage of tort...
    23 KB (3,070 words) - 16:55, 6 November 2024
  • of breach of confidence is, in United States law, a common-law tort that protects private information conveyed in confidence. A claim for breach of confidence...
    3 KB (249 words) - 00:58, 10 June 2024
  • Thumbnail for English tort law
    person breaches a duty of care owed to another. The main elements of negligence are: A duty of care (see Donoghue v Stevenson) Breach of that duty (see...
    49 KB (6,971 words) - 23:04, 2 September 2024
  • of the English kings and their retainers. A breach of the king's peace, which could be either a crime or a tort, was a serious matter. The concept of...
    20 KB (2,643 words) - 01:38, 11 July 2024
  • establishing that a duty of care is owed by the defendant to the claimant, and that the defendant is in breach of that duty. The standard test of breach is whether...
    29 KB (4,456 words) - 07:50, 3 November 2024
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    harm must arise from that failure. There is no general duty of disclosure in English contract law, and one is normally not obliged to say anything. Ordinary...
    36 KB (5,220 words) - 14:31, 16 September 2024
  • Modern libel and slander laws in many countries are originally descended from English defamation law. The history of defamation law in England is somewhat...
    71 KB (8,590 words) - 23:57, 9 November 2024
  • Thumbnail for Montgomery v Lanarkshire Health Board
    Montgomery v Lanarkshire Health Board (category English tort case law)
    concurring opinion. Delict English tort law Breach of duty in English law [1957] 1 WLR 582 Buckley, Richard A. (2017). The Law of Negligence and Nuisance...
    7 KB (969 words) - 18:32, 12 November 2024
  • development of an independent tort of privacy. In the absence of a common law right to privacy in English law torts such as the equitable doctrine breach of confidence...
    11 KB (1,402 words) - 16:28, 8 October 2024
  • party, where the defendant's breach of contract or of the duty of care for the purposes of negligence deprived the claimant of the opportunity to obtain...
    21 KB (3,307 words) - 03:32, 30 September 2024
  • the part of the defendant not to inflict nervous shock upon the claimant; A breach of that duty, i.e. the defendant's actions or omissions in those circumstances...
    10 KB (1,424 words) - 08:18, 13 September 2023
  • surveillance, and the use of personal information by both government and corporate entities. Trespassing Laws focus on breaches of privacy rights related...
    119 KB (14,884 words) - 16:43, 28 September 2024
  • of duty of care, common law negligence Breach of promise, a former common law tort Breach of the peace, a legal term used in constitutional law in English-speaking...
    4 KB (455 words) - 17:41, 17 August 2024
  • Thumbnail for Good Samaritan law
    mistake in treatment. By contrast, a duty to rescue law requires people to offer assistance and holds those who fail to do so liable. Good Samaritan laws may...
    39 KB (4,630 words) - 16:21, 15 October 2024
  • Thumbnail for English trust law
    fiduciary to claims for breaching a duty of care. The duty of care owed by trustees and fiduciaries has its partner in the common law of negligence, and was...
    157 KB (22,992 words) - 02:25, 11 November 2024
  • Thumbnail for Tort law in India
    procedure, and codifying common law torts. As in other common law jurisdictions, a tort is breach of a non-contractual duty which has caused damage to the...
    42 KB (5,644 words) - 02:48, 3 September 2024
  • Damages (redirect from Damages (law))
    the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognized at law, the loss must involve damage to property...
    32 KB (4,213 words) - 18:27, 28 September 2024