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Inducing a breach of contract was a tort of accessory liability, and an intention to cause a breach of contract was a necessary and sufficient requirement for liability; a person had to know that he was inducing a breach of contract and to intend to do so; that a conscious decision not to inquire into the existence of a fact could be treated as ...
"The word 'fiduciary' is flung around now as if it applied to all breaches of duty by solicitors, directors of companies and so forth. . . . That a lawyer can commit a breach of the special duty [of a fiduciary] . . . by entering into a contract with the client without full disclosure . . . and so forth is clear.
Under U.S. law, in order to rise to an actionable level of negligence (an actual breach of a legal duty of care), the injured party must show that the attorney's acts were not merely the result of poor strategy, but that they were the result of errors that no reasonably prudent attorney would make. While the elements of a cause of action for ...
Generally, a civil defendant will be liable for misfeasance if the defendant owed a duty of care toward the plaintiff, the defendant breached that duty of care by improperly performing a legal act, and the improper performance resulted in harm to the plaintiff. In theory, misfeasance is distinct from nonfeasance. Nonfeasance is a failure to act ...
In the usual case, having established that there is a duty of care, the claimant must prove that the defendant failed to do what the reasonable person ("reasonable professional", "reasonable child") would have done in the same situation. If the defendant fails to come up to the standard, this will be a breach of the duty of care.
When a contract creates a duty that does not exist at common law, there are three things the parties can do wrong: Nonfeasance is the failure to act where action is required—willfully or in neglect. Nonfeasance is similar to omission. Misfeasance is the willful inappropriate action or intentional incorrect action or advice.
breach: the defendant breaches that duty through an act or culpable omission damages: as a result of that act or omission, the plaintiff suffers an injury causation: the injury to the plaintiff is a reasonably foreseeable [ i ] consequence of the defendant's act or omission under the proximate cause doctrine.
Particularly relevant in the law of contract, tort and trusts, [2] ex turpi causa is also known as the illegality defence, since a defendant may plead that even though, for instance, he broke a contract, conducted himself negligently or broke an equitable duty, nevertheless a claimant by reason of his own illegality cannot sue.