A judge has sharply criticised Jay Bourke’s personal insolvency practitioner for providing misleading information to creditors during a failed bid to secure a €12.2m debt write-off for the well-known publican and restaurateur.
An action for negligent misstatement arises where Party A has carelessly made a statement to Party B, where the relationship between the parties is such that Party A owes Party B a duty of care.
At one time a solicitor’s duty to his client was determined by the terms of the retainer, i.e. the contract between them. However, it is now firmly established that a solicitor owes a duty of care in negligence both to his clients and also to third parties within the scope of the “neighbour” / proximity principle.
Establishing Liability Liability in negligence requires the proof of whether the defendant was in fact negligent. Stated...
In the first of this two part article we look at Duty of Care, Neighbour Principle along with Omissions, Intangible Injuries and others
The most commonly encountered civil wrong is the tort of negligence. It is a principle of law of the very widest practical application. A very significant quantity of all litigation in the courts is based on claims for negligence.