Case law
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Division and case type: CivilCivil Appeal
…The common law rule on this matter is expressed in the Latin maxim “actio personalis moritor cum persona” that is, a personal action dies with the person.…
…At common law, death by itself automatically divests the deceased of his chose in action. The reason for this is because in law, the dead have no rights.…
Division and case type: CivilCivil Appeal
…In his affidavit in support of the chamber summons he deponed that he believed that he could not institute a common law claim against the respondents before the decision of the inquest which was held to establish the persons…
…that the delay in instituting action against the respondents was due to his mistaken belief, in relation to the proceedings and the outcome of the inquest and also due to his ignorance of the material facts relating to the common…
Division and case type: CivilCivil Case
…On this point I have derived substantial benefit from two books titled “The Law of Master and Servant” by Francis Raleigh Batt 4th Edition by George J Webber and “The Employers Liability” at Common Law” by John Munkman: The…
Division and case type: CivilCivil Case
…In other cases it may be difficult to determine whether the conduct complained is a misstatement within Hedley Byrne principle or a conduct falling within the scope of the wider principle of common law duty of care under…
…In the absence of any such provision valuers are not, in my opinion, entitled to rely on a general exclusion of the common law duty of care owed to purchasers of houses by valuers to exercise skill and care in valuing houses…