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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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I am taking Transport into the small claims court

Resolved Question:

I am taking Transport for London into the small claims court for negligent mis-statement.
On an application for a private hire license. They asked me for further advice on a medical matter which incurred me spending a further £500 in doctors fees.
They already had the required information in the original medical form with the original application and £250 in payment application. Hence i am sueing them for the £500 because of their negligent advice in asking me for further information.
Therefore can the application form be classed as a contract. Because i have to show they owed me a duty of care.
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is ***** ***** I am happy to help you today.
Expert:  Alice H replied 2 years ago.
This is not a contract claim that you have against the local authority but one of NEGLIGENCE. In order to prove liability in negligence you must show, on the balance of probabilities, that: the local authority owed a duty of care, breached that duty by failing to meet the standard of care required and as a result you suffered loss or damage which is not too remote. An application for a licence does not result in the formation of a legally binding contract because there is no agreement to provide you with a licence simply be paying a fee (e.g. the elements of offer and acceptance are absent). So your claim is on the basis of negligence as the local authority does have a duty to process applications properly and the failure to do so is likely to amount to negligence.
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