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Lawyers Duty of Competence and Care

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covers: - advocates immunity - competence - PLT standards - academic standards - insurance

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4 Pages Partial Study Notes 1-2 Years old
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Lawyers Duty of Competence and Care
Topics this document covers:
Tort law Law Common law Abuse Negligence Tort Duty of care Standard of care Contributory negligence Professional negligence in English law Duty of care in English law Francis v Francis o Hawkins
This is a Partial Set of Study Notes

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Topics this document covers:
Tort law Law Common law Abuse Negligence Tort Duty of care Standard of care Contributory negligence Professional negligence in English law Duty of care in English law Francis v Francis o Hawkins
Sample Text:
Academic Standards (r 5 Uniform Admission Rules) 2. PLT Standards (r 6 Uniform Admission Rules) 3. Ethical Standards (r 4 Uniform Admission Rules) 4. Consistent conduct that falls short of the standards of competence and diligence amounts to breach of duty/misconduct (ss 296-7 Uniform Law) 5. Failure to address this is generally seen as negligent a. Duty of care established by lawyer/client relationship b. Breach of duty is where the lawyer failed to meet reasonable standards c. Caused Loss to the client d. Defenses are contributory negligence and voluntary assumption of risk 6. The client can choose whether to act through contract or tort law (Concurrent Liability found in Hawkins v Clayton (1988) and later confirmed Astley v Austrust (1999)) a. Damages: Contract=expectation, Tort=reliance b. Proof of elements/loss: Contr...
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