Read e-book online Avoiding Claims : A Practical Guide to Limiting Liability in PDF

By M. Coombes Davies

ISBN-10: 0203222393

ISBN-13: 9780203222393

ISBN-10: 0203297644

ISBN-13: 9780203297643

ISBN-10: 0419146202

ISBN-13: 9780419146209

A massive and useful advisor for the development specialist, this ebook allows the reader to understand the character and seriousness of vast ranging legal responsibility within the development undefined. The question-and-answer structure makes it easy, direct and straightforward to exploit.

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Additional info for Avoiding Claims : A Practical Guide to Limiting Liability in the Construction Industry

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Armstrong & Another v. A. a firm is in England or Wales, it would be sufficient if an advertisement were placed in the London Gazette, or the Edinburgh Gazette if the business is in Scotland; and if the firm is in Ireland, it is necessary to place a notice in the Belfast Gazette or Dublin Gazette. (3) It is possible that a partner who has retired from a firm may leave himself open to a liability claim, if he holds himself out as still being a partner of that firm. Holding out oneself to the world as a partner, as contra-distinguished from the actual relationship or partnership, imparts at least the voluntary act of the party so holding himself out.

Such an obligation involves an implication that it will be discharged with reasonable care and skill. An old, but still cautionary, tale of the dying partners An indenture dated 20 May 1801 had been given to the executor of William Sumner, a partner in a firm who had died in 1797. It was agreed that the executor would make certain payments to the partnership and discharge the existing partners from all claims and demands which he might have against them as the executor of their deceased partner; it stated: 29 30 SINGLE PRINCIPAL In consideration of this each partner…did release, acquit, and forever discharge the executor… his executors and administrators, and all and singular the estate and effects of the said William Sumner, of and from all claims and demands whatsoever, which they…or any of them might have against executor by reason or upon account of the said William Sumner having been a partner with them.

Nevertheless, while still retaining their positions as directors and managers of the Toronto Construction Co. their duties to the company in (continued) which Cook was a shareholder entirely unchanged, they entered into negotiations with the Canadian Pacific Railway for the contract to build the South Shore line. Though the negotiations (which were unknown to Cook) were conducted in exactly the same manner as they had always been when the Messrs Deeks and Hicks were acting for the company, they were now in reality negotiating on their own behalf.

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Avoiding Claims : A Practical Guide to Limiting Liability in the Construction Industry by M. Coombes Davies

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