Under common law, when a party breaches a contract it will normally be required to pay damages to the innocent party by virtue of the available “common law remedies”. The intention is to compensate the innocent party for the damage suffered that resulted from the defaulting party’s breach, putting it back into the position it […]
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Who is a Fiduciary and what are his duties?
It is established that relationships such as those between solicitor and client, principal and agent and trustee and beneficiary automatically give rise to a fiduciary relationship under common law. A fiduciary relationship can, however, arise in a wide range of other relationships where there is a substantial degree of control over the property and affairs […]
Use of Documents Disclosed in One Set of Proceedings in Related Proceedings
There is a reasonably well known English court rule that a party to whom a document has been disclosed in proceedings may use the document only for the purpose of those proceedings and not in any other proceedings. An exception to that rule is where the document has been read to or by the court, […]