Professional persons owe contractual duties to their clients, but they also owe a duty of care and can, therefore, be held liable in negligence. When does professional negligence arise? Is a professional expected to know everything in her field? Must he always be right? Customary Practice A key principle in looking at this area is … Read more
What is the liability, if any, of vendors, builders, or lessors of defective premises? Let’s take a look. Contract-liability of vendor and lessor Caveat emptor is the contractual rule that prevails. Caveat emptor means “buyer beware”, therefore if you are a buyer you need to carry out your own enquiries and inspections, for neither the … Read more
If you want to hold someone liable in negligence that person must owe you a duty of care. Not everybody owes you a duty of care, though. In fact, it has been stated that you can be as negligent as you like towards the whole world if you do not owe them a duty of … Read more
If you bring an action for negligence in Ireland, you must prove the defendant was negligent. The standard of proof is on the balance of probabilities, which is the standard of proof in civil law cases. (The standard of proof in criminal cases is beyond a reasonable doubt). Essentially, you must establish facts from … Read more
The relevant rules about bringing personal injuries proceedings in the District Court are contained in: Order: 40 A of the District Court Rules Statutory instrument 17/2014 Statutory instrument 599/2014 Personal Injuries Assessment Board Act 2003 Civil Liability and Courts Act 2004 Venue A personal injuries summons must be filed with and issued by the … Read more