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Bristol and West Building Society v Mothew [1996] EWCA Civ 533 is a leading English fiduciary law and professional negligence case, concerning a solicitor's duty of care and skill, and the nature of fiduciary duties. The case is globally cited for its definition of a fiduciary and the circumstances in which a fiduciary relationship arises.
Parts I and IA (Scotland) relate to goods.Part II related to services. Part III is "supplementary". The sections on goods apply to "relevant contracts for the transfer of goods", being those where one person agrees to transfer property in goods, i.e. ownership of the goods, to another person; [3] the Act also applies to contracts for the hire of goods (sections 6 to 10A).
The CGA gives guarantees of reasonable care and skill, of fitness for purpose, of completion, and of price for consumer services supplied. The CGA does not apply to either commercial goods, or consumer good or services supplied for business purposes.
Subject to the rules of privity of contract, one who has entered into a contract can sue or be sued on the contract which will set out the terms of the service to be provided by the professional person, and if there is no express term to this effect, there will be an implied term that the service will be performed with reasonable care and skill ...
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 is an English tort law case that lays down the typical rule for assessing the appropriate standard of reasonable care in negligence cases involving skilled professionals such as doctors. This rule is known as the Bolam test, and states that if a doctor reaches the standard of a ...
Novices in a certain area of skill must show the same standard of care as a reasonable person with that particular skill. No allowance is given for the defendant's lack of experience. Nettleship v Weston (1971) 3 All ER 581 requires a novice driver to show the same standard of care as a reasonably competent driver.
With 80-plus denied trade lists already published, more items and checks need to be included in an exporter's validation process. Exporters demonstrating "reasonable care" should perform screenings on a periodic basis as well as perform screenings throughout the movement of the goods within the supply chain.
Mr Mardon was buying a petrol station franchised by Esso Petroleum Co Ltd. Esso told him they had estimated that the throughput of a petrol station in Eastbank Street, Southport, would be 200,000 gallons a year; however, the local council had made a decision regarding planning permission which meant that there would be no direct access from the main street and therefore fewer customers.