For most people who contemplate and then embark upon litigation, the prospect of appearing on the witness stand at trial is far from appealing. Legal scenarios that play out on television often have a revelatory moment when a character is on the witness stand either giving evidence or being cross examined. However, the reality is […]
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Have common law remedies been excluded?
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 […]
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 […]