Negligence
This part of the topic index contains resources on negligence. Please select the resource that you require by clicking on the relevant tab below.
4
resources
These resources are maintained, meaning that we monitor developments on a regular
basis and update them as soon as possible.
| 1 | Negligent misstatement An outline of the law of negligent misstatement. This note considers the requirements of a claim: duty of care, breach and causation. It also discusses relevant authorities including the landmark decision in Hedley Byrne v Heller [1964] AC 465. | Practice notes | Maintained |
| 2 | Professional negligence An outline of the law of professional negligence. This note considers: The requirements for claims in contract and tort. The application of the SAAMCO principle. The Bolam test. Contributory negligence. Contribution. The use by professionals of exclusion clauses to limit liability. | Practice notes | Maintained |
| 3 | Undertakings to discharge a mortgage: Law Society guidance A practice note on the guidance published by the Law Society's Conveyancing and Land Law Committee on acceptance of undertakings from a seller's solicitor to discharge a mortgage on sale of registered property as part of the completion arrangements. | Practice notes | Maintained |
| 4 | Vicarious liability This practice note addresses the circumstances in which vicarious liability arises, at common law and under statute. It also looks at the implications of vicarious liability, and the alternative bases for attributing liability where vicarious liability is not applicable. | Practice notes | Maintained |