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Business Law Principle

Business Law Principle

          
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About the Book

The cost of litigation compensation caseThe statement that civil litigation is a very expensing business is hardly news worthy. Although, solicitors know that it is impossible to anticipate with any degree of precision at the outset of an action the total cost of taking the case to trail, it is most unsatisfactory from the client's point of view. Therefore, as a matter of conduct, solicitors are obliged to explain as fully as possible the likely costs involved. Usually a successful party recovers approximately three -quarters of his costs upon taxation. For example, for security for costs, this will have the effect of staying the action until the security has be recorded in written form, both to assist the client's underatanding and to serve as a record for the solicitor's file.However, certain proceedings are excluded, such as defemation actions ( except defending a counterclaim defamation), partnership disputes, money claims of securities, currency futures and proceedings in labor Tribunal and small claims tribunal. Civil proceedings in the high court may be begun by writ, originating summom, originating motion, or petition. The actions may include tort, fraud, breach of duty, contractual, leading to a claim for damages for personal injuries, patent infringement, a contentious probate action.Some proceedings must be begun by originating summons, e.g. proceedings by which an application is made to the High court or a High court Judge " under any written law", e..g. some application under the trustee ordinance, the importance of good case management is an issue to avoid extra expense and delay in civil litigation. In adequate case management can have a detrimental effort not only on the parties to the litigation, but also on the court of inadequate case management include wasted time and unnecessary expenses. Pleadings are the formal documents exchanged among parties to litigation in which the parties state all of the material facts that support their claims and defences. Pleadings include the statement of claim, defence, counterclaim, reply, defence to counterclaim, further and better particulars and third party notice.The formal requirements of pleading must include the year of issue of the writ, the number of the action description of the pleading and the date of service. Drafting pleadings aims to inform the other side of the nature of the case, they have to meet as distinguished from the mde in which the case is to be proved, to prevent the other side from being taken by surprise at trial, to enable the other side to know what evidence they ought to be prepared with and to prepare for trial, to limit the generally of the pleading, generality of the pleading, the claim and the evidence interences or conclusions of law to be drawn from the material facts must not br stated in the pleadings.The parties' task is to plead and prove facts, it is the judge, assisted by the parties' advocates, who will draw the legal conclusions. There are occasions whn it may be difficult to distinguish between a material fact and a conclusion of law. For example, in a claim for negligence, it is common to allege in a pleading the neglient conduct, this is very close to pleading a conclusion of law. Every pleading must obtain the particulars of any claim, defence or other matter pleaded, including ( bit not limited to) misrepresentation, fraud, breach of trust, mental incapacity, fraudulent intent, repudiation of contract, and acceptance repudiation. In personal injury actions, the plaintiff id expected to serve with the statemenf of claim a medical report, substaintiating all the injuries and a statement of special damage. The statement of special damages claimed should include in the form of a schedule, not only particular of expenses and loesse already incurred, but also in estimate of any future expense and losses ( including loss of earnings and pension rights). Its purpose is to enable the plaintiff to quan


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Product Details
  • ISBN-13: 9798615525599
  • Publisher: Independently Published
  • Publisher Imprint: Independently Published
  • Height: 254 mm
  • No of Pages: 222
  • Spine Width: 15 mm
  • Width: 203 mm
  • ISBN-10: 8615525595
  • Publisher Date: 19 Feb 2020
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 616 gr


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