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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.
"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.
place of repentance When one party withdraws from a contract before all parties are bound. locus standi: place of standing The right of a party to appear and be heard before a court. / ˈ l oʊ k ə s ˈ s t æ n d aɪ / mala fide (in) bad faith A condition of being fraudulent or deceptive in act or belief. malum in se: wrong in itself
Damages in tort are awarded generally to place the claimant in the position in which he would have been had the tort not taken place. [16] Damages for breach of contract are generally awarded to place the claimant in the position in which he would have been had the contract not been breached. This can often result in a different measure of damages.
Under this formula, duty changes as circumstances change—if the cost of prevention increases, then the duty to prevent decreases; if the likelihood of damage or the severity of the potential damage increases, then duty to prevent increases. There are other ways of establishing breach, as well. United States v. Carroll Towing Co., 159 F.2d 169 ...
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.
Gross negligence is the "lack of slight diligence or care" or "a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party." [ 1 ] In some jurisdictions a person injured as a result of gross negligence may be able to recover punitive damages from the person who caused the injury or loss.
An account of profits (sometimes referred to as an accounting for profits or simply an accounting) is a type of equitable remedy most commonly used in cases of breach of fiduciary duty. [1] It is an action taken against a defendant to recover the profits taken as a result of the breach of duty, in order to prevent unjust enrichment.