Podcast
Questions and Answers
What principle guides the choice of applicable law in tort cases after damage has occurred?
What principle guides the choice of applicable law in tort cases after damage has occurred?
What is the main consequence of the UK not reaching an agreement with the EU on a reciprocal regime post-Brexit?
What is the main consequence of the UK not reaching an agreement with the EU on a reciprocal regime post-Brexit?
According to English law, where should defendants typically be sued in cases of jurisdictional disputes within the UK?
According to English law, where should defendants typically be sued in cases of jurisdictional disputes within the UK?
What triggers the English courts to retain jurisdiction if a defendant challenges it based on a more appropriate forum?
What triggers the English courts to retain jurisdiction if a defendant challenges it based on a more appropriate forum?
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Which legal framework governs the service of international defendants within the UK jurisdiction?
Which legal framework governs the service of international defendants within the UK jurisdiction?
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What is the first step to evaluate a contract claim regarding liability?
What is the first step to evaluate a contract claim regarding liability?
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In the context of contract claims, which of the following aspects does NOT relate to the legal framework for assessing liability?
In the context of contract claims, which of the following aspects does NOT relate to the legal framework for assessing liability?
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What type of document is essential for establishing the terms of a contract during a legal evaluation?
What type of document is essential for establishing the terms of a contract during a legal evaluation?
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What is a key consideration when determining if expert evidence is necessary in a contract dispute?
What is a key consideration when determining if expert evidence is necessary in a contract dispute?
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Which factor is most important in evaluating a claim regarding the loss causation in a contract dispute?
Which factor is most important in evaluating a claim regarding the loss causation in a contract dispute?
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Which element should be considered first when reviewing potential witnesses of fact in a contract case?
Which element should be considered first when reviewing potential witnesses of fact in a contract case?
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When assessing a defendant's counterclaim in a contract case, what should be prioritized?
When assessing a defendant's counterclaim in a contract case, what should be prioritized?
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What does S35A SCA 1981 allow judges to exercise discretion over regarding interest awards?
What does S35A SCA 1981 allow judges to exercise discretion over regarding interest awards?
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In professional negligence, what must be established to recover compensation?
In professional negligence, what must be established to recover compensation?
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Which of the following statements best describes the role of expert evidence in determining damages?
Which of the following statements best describes the role of expert evidence in determining damages?
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What type of losses are generally not a problem in professional negligence claims involving economic loss?
What type of losses are generally not a problem in professional negligence claims involving economic loss?
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Which legal principle determines the standard of care expected in professional negligence claims?
Which legal principle determines the standard of care expected in professional negligence claims?
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In assessing professional negligence claims, what must be documented to support the claim?
In assessing professional negligence claims, what must be documented to support the claim?
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What happens if there are exclusions in an insurance policy relevant to a negligence claim?
What happens if there are exclusions in an insurance policy relevant to a negligence claim?
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According to the Rome I Regulation, how is a contract governed if no law is expressly chosen by the parties?
According to the Rome I Regulation, how is a contract governed if no law is expressly chosen by the parties?
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Which of the following would not be considered a witness of fact in professional negligence cases?
Which of the following would not be considered a witness of fact in professional negligence cases?
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In tort claims under the Rome II Regulation, which law applies if the claimant and defendant are from the same country?
In tort claims under the Rome II Regulation, which law applies if the claimant and defendant are from the same country?
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Study Notes
Contract Claims Fact Gathering
- Essential elements for a contract: Offer, acceptance, consideration, intention to create legal relations, certainty of terms. Determine if these elements exist from written or oral agreements.
- Contract terms: Identify express and implied terms within the contract.
- Breach of contract: Evaluate if a breach of contract occurred.
- Causation: Establish a connection between the breach and the claimed loss.
- Loss and remoteness: Determine the loss suffered and if it's a foreseeable consequence of the breach.
Gathering Evidence for Contract Cases
- Document review: Analyze contracts, invoices, relevant correspondence, and other documents. This includes searching for company records.
- Witness statements: Gather evidence from individuals with firsthand knowledge of the events related to the contract. Draft statements for witnesses.
- Expert evidence (liability): Assess if an expert is needed to validate the contract terms or issues with the product/service.
- Real evidence: Physical inspection of the product or service at the center of the contract dispute.
Quantum of Claims— Amount of Claim
- Specified/unspecified amounts: Determine if the claim amount is specified (liquidated damages) or unspecified (unliquidated damages).
- Damages for a specific amount: Assess claims that are tied to specific quantities of damages.
- Damages for an unspecified amount: Evaluate damages that require further assessment for their valuation.
- Interest: Interest rates and the duration of accrued interest are at the court's discretion, starting from the incident date.
- Evidence types for valuation: Utilize expert witnesses and relevant documents to support claims of damages. Accountants can show the defendant's loss in profits
Professional Negligence Fact Gathering
- Contract analysis: Determine if a contract exists between the parties and if it outlines the scope of the professional's obligations. Consider written and oral agreements.
- Duty of care: Determine if a duty of care existed. Professional relationships frequently meet this criterion.
- Breach of Duty: Assess if the professional failed to uphold the necessary standards of performance in their field.
- Causation: Examine if the professional's actions directly led to the losses claimed.
- Loss and Remoteness: Assess the losses incurred and if they are reasonably foreseeable consequences of the breach of duty.
Evidence for Professional Negligence
- Document review: Review contracts, correspondence, and other documents to support or refute the professional negligence claim.
- Witness Statements: Collect statements from those involved in the services rendered.
- Expert evidence: Assess the need for expert testimony to substantiate the negligence allegation.
- Evaluation of insurance: Review the relevant insurance documents if applicable.
###Applicable Law and Jurisdiction
- EU Contract Law (post-Brexit): Existing EU Regulations on contracts and torts.
- EU Tort Law (post-Brexit): EU Regulations for issues of torts.
- Non-EU jurisdiction: The principles guiding disputes outside the EU.
- UK jurisdiction: Determine the court’s jurisdiction in disputes within the UK.
- International disputes: The legal frameworks for disputes involving multiple countries.
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Description
Test your knowledge on essential elements of contracts, including offer, acceptance, and breach. Evaluate how to gather evidence effectively for contract cases, including document review and witness statements. This quiz will help you understand the importance of each component in legal agreements.
