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Liability of provider of professional services towards their client (and potentially third parties) can arise on a number of different legal bases, including contract, negligence, other torts, equity (such as duties owed by trustees and fiduciaries), as well as statutory rules such as the Consumer Rights Act 2015 and the Supply of Goods and Services Act 1982 (which applies in non-consumer ...
Palsgraf v. Long Island Rail Road Co.: Landmark case for discussion of proximate cause and its relationship with duty. Court of Appeals of New York. 248 N.Y. 339, 162 N.E. 99. (1928) POKURA V. WABASH RY. CO., 292 U.S. 98 (1934) ([plaintiffs' negligence is determined by the facts and a reasonable person standard) Fletcher v.
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.
Negligence by the attorney, A loss or injury to the client caused by the negligence, and; Financial loss or injury to the client. To satisfy the third element, legal malpractice requires proof of what would have happened had the attorney not been negligent; that is, "but for" the attorney's negligence ("but for" causation). [3]
He described the bridge case as "factually, very, very complex," but legally not much more complex than a professional negligence case against a doctor, accountant or other service provider.
Maynard v West Midlands Regional Health Authority [1] is an English tort law case concerning the Bolam test for professional negligence. [2]The patient presented with symptoms of tuberculosis but both the consultant physician and the consultant surgeon took the view that Hodgkin's disease, carcinoma, and sarcoidosis were also possibilities, the first of which if present would have required ...
Bolitho v. City and Hackney Health Authority [1996] 4 All ER 771 is an important English tort law case, on the standard of care required by medical specialists. It follows the Bolam test for professional negligence, and addresses the interaction with the concept of causation.
Likewise, damage can occur without negligence, for example, when someone dies from a fatal disease. In cases involving suicide, physicians and particularly psychiatrists may be to a different standard than other defendants in a tort claim. In most tort cases, suicide is legally viewed as an act which terminates a chain of causality.
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