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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Breach of duty of care / Breach of agreement I am finalising

Resolved Question:

Breach of duty of care / Breach of agreement
I am finalising my POC. Is it up to me as I list each claim to add on the end something like ….. “and therefore the defendant is in breach of duty of care”. Or is that something the Judge decides based on the claim?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : You just say and the defendant is in breach because and then list x,y,z
Alex Watts : Then it will be for a judge to decide whether it is proven or not on each ground.
Alex Watts : So you list each incident one by one.
Alex Watts : Does that help?
Customer:

Thank you

Customer:

Breach of duty of care. Researching examples seem to gravitate around physical things eg an accident. Can Breach of duty of care apply to advice? Ie if a person gives financial / business advice and guidance (which is the subject of my claim) and they have not done reasonable ‘things’ that would be expected of them which ends up in loss can this relate to potentially (subject to being proven) a ‘breach of duty of care’?

Customer:

So you don's say in breach of what?

Alex Watts : Breach of contract or breach of duty if negligence.
Alex Watts : Does that help?
Customer:

Can you clarify? should I use breach of contract or breach of agreement. Is there such a thing as breach of agreement?

Customer:

So its 'Breach of contract' or 'Breach of duty'

Customer:

I guess there can be a claim could involve a breach of both contract and duty?

Customer:

There is no written contract, just a verbal agreement

Alex Watts : Yes in that case you need to set out the words said and relied upon
Alex Watts : Does that help?
Customer:

thank you

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