All Posts in "Concurrent Liability"

What is a Custody-sharing Agreement?

How does shared parenting work?

Parents frequently use the term “custody” despite the fact that it is not now accepted by legal authorities. Lawyers, judges, and mediators increasingly use the term “care” instead of “custody,” resulting in terminology such as “shared care” to describe circumstances that were before referred to as “shared custody.” However, what does it mean? There are diverse perspectives on what shared care entails and how it should be structured.

Traditionally, child arrangements agreements or court decisions centred on the notion that one parent had custody, indicating that they are the primary caretaker and the kid(ren) primarily reside with that parent. Then, the other parent would get “visitation,” which would allow them to see their children on set days and hours.

Following separation, it is generally accepted that it is in the best interests of children to spend time with both parents. This is possible because shared care provides the opportunity for children to be raised with the love and care of both parents. Children might anticipate spending meaningful time with each parent under a shared care arrangement. In shared care arrangements, children not only spend a certain amount of time with each parent, but are also nurtured and cared for by both parents. This alters the traditional conceptions of custody in terms of their practicality. https://ukfamilymediationservice.co.uk/who-pays/

Mediators frequently ask parents what they hope to accomplish during mediation. We frequently hear the response that they desire “50/50 touch.” Shared care does not mean 50/50; in reality, courts … Read the rest >>>

Joshua Brown by — July 13, 2022 in Concurrent Liability
Concurrent Liability in Tort and Contract

Whether a tort duty is a concurrent duty with a contract can be a complicated question. This article will discuss the reasons for concurrent liability in tort. It will also discuss the scope of concurrent liability in tort and the limitations agreed to by contract. This article will also discuss the case of Batty, which involved multiple defendants. The plaintiffs sued both the developer and the builder. The developer had a contract with the plaintiffs; the builder did not.

Relationship between tort duty and contractual duty

There are many cases where employers bring a tort claim against a subcontractor for failure to meet a contractual duty. In such cases, the right of an employer to bring a tort claim against the subcontractor is relevant for both limitation and damages considerations. One notable example is Wellesley Partnership LLP v Withers, a professional negligence case that limits damages in a concurrent duty case. The law firm sued its legal advisers for allegedly negligent advice, and it lost economic value due to the negligence of Withers.

As a result, the development of contract law in the late nineteenth century changed the nature of the relationship between the contract and tort duty. The evolution of the concept of fault in tort and contract law became visible, although the theorists themselves often framed the transition as the triumph of negligence over strict liability. While theorists of the late nineteenth century were keenly aware of the modifications of contractual duty and fault terms, they were less … Read the rest >>>

Joshua Brown by — March 14, 2022 in Concurrent Liability
Civil Law Vs Typical Law

Every country in today’s society has laws which might be established inside their country that they must follow. If persons do not follow these guidelines then they face suitable consequences for disobeying them. Some countries are run equivalent and other people are run pretty differently. You will discover two big traditional laws which are civil and common law. They are the two most frequent laws throughout the world. Civil would be the most familiar amongst countries especially in Europe and Asia. Typical law is additional organic amongst North America. Each of those was historically established quite a few years ago. There are several variations between the two laws but they do overlap with some similarities also.

The term civil law derives from the Latin word ius civile, the law applicable to all Roman citizens. This was established in the sixteenth century. Europe was the first to adopt this law and nearly all of Europe taught this at all their universities. Civil law is viewed as codified. Every civil law nation has its codes to determine the diverse punishments for every with the categories of law. Some examples of those codes are procedural, substantive, and penal. Procedural law determines what actions constitute a criminal act, substantive law establishes which are required of criminal or civil prosecution, and penal law decides the proper penalties. It’s the judge’s job to gather the details on the case and distinguish the correct codes that apply to the case.

The primary nations that civil law is … Read the rest >>>

Joshua Brown by — November 21, 2020 in Concurrent Liability
An Introduction and Overview of Mergers and Acquisitions

Mergers and acquisitions can be an extremely important portion of the business. As an umbrella term ‘mergers and acquisitions’ generally refers to anything to do with buying, selling, or joining businesses and corporations. In general usage the separate regards to ‘mergers’ and ‘acquisitions’ have tended to blur together, truly mean separate and distinct things. Mergers and acquisitions (or M&A) can involve a variety of people; such as investment bankers, mergers and acquisitions solicitors, the firms themselves, and the shareholders. It can be a complicated process this also article aims to provide a basic breakdown of what mergers and acquisitions are.

What is a merger?

As the name might suggest it is where two businesses merge their assets. The result of two companies doing this is because they become one new company, or ‘surviving business’. The non-surviving company becomes a portion of the surviving company, their shares are transformed into shares inside the new company and shareholders become shareholders in the surviving company.

In comparison, an acquisition is where one company ‘acquires’ another – this might be completed by buying stock or assets. A share purchase acquisition is a place one company buys the shares of a different company. The company whose shares are ordered, the ‘target company’, turns into a subsidiary in the purchasing company. A hostile takeover happens when the target company is publicly owned as well as the shares are ordered by another company, even if the shareholders oppose purchasing.

There are usually two types of deals – … Read the rest >>>

Joshua Brown by — June 21, 2020 in Concurrent Liability

Concurrent LiabilityThis is a sample of our (approximately) 7 page extended Concurrent Liability Vicarious Liability notes, which we sell as component of the Torts Law Notes collection, a 78 package written at University Of New South Wales in 2009 that consists of (about) 121 pages of notes across 16 unique documents. Finally, the respective tests for remoteness demonstrate further distinctions involving claims in tort and in contract. The tort duty as modified by the contractual agreement in between the parties may well be raised in a case exactly where the limitation period for an action for breach of contract has expired but the limitation period for a tort action has not.

To illustrate the similarities and variations amongst actions in contract and tort, I will be taking two potential claims for a case study: construction negligence (primarily based upon a failure to take care when constructing a creating) and solicitor negligence (based upon a failure to advise concerning the existence of third party rights on a piece of land).

In scenarios of concurrent liability in tort and contract, however, it would appear anomalous to award a different level of damages for what is basically the exact same incorrect on the sole basis of the type of action selected, although, of course, certain circumstances or policy could dictate such a course. The significant overlap involving the causes of actopm seems to erode away the traditional distinctions among tort and contract when reasonable care” duties are concerned. Whereas, in tort the date of … Read the rest >>>

Joshua Brown by — November 15, 2017 in Concurrent Liability