Contributory negligence involving overseas European banks in property valuation negligence cases in the UK

This paper examines the phenomenon of cross-border property lending and examines a number of issues regarding lending procedures and decision making processes in the context of the relationship between lender and professional advisor. It commences by placing these procedures and processes in the context of the development of cross border European property investment and finance. The UK has been a popular destination for overseas investors and lenders over the last decade and is therefore used as a case study to examine the additional institutional risk that overseas lenders may face when operating outside of their own country and obtaining advice from home professionals. The UK market was the subject of a boom period during the late 1980s, followed by a recession in the early 1990s. The losses triggered a number of professional negligence actions by lenders against valuers. These include a number of overseas lenders mainly from Europe and these cases have been examined for any particular features which, coupled with other data gained from overseas lenders as part of an interview survey, could be used to isolate any significant problems for European lenders in overseas markets. The research identified a lack of clarity in roles and relationships between lender and advisor, difficulties in communications both internally and between overseas branches and headquarters and failures in provision and interpretation of advice. The paper concludes by identifying the issues which may need to be addressed generally by lenders and their advisors, when the lenders are operating in overseas markets.

The vulnerable subject of negligence law

The approach taken by English courts to the duty of care question in negligence has been subject to harsh criticism in recent years. This article examines this fundamental issue in tort law, drawing upon Canadian and Australian jurisprudence by way of comparison. From this analysis, the concept of vulnerability is developed as a productive means of understanding the duty of care. Vulnerability is of increasing interest in legal and political theory and it is of particular relevance to the law of negligence. In addition to aiding doctrinal coherence, vulnerability – with its focus on relationships and care – has the potential to broaden the way in which the subject of tort law is conceived because it challenges dominant assumptions about autonomy as being prior to the relationships on which it is dependent.

Varying Injurer Costs of Care, Negligence, and Self-Selection

Standard economic models of negligence set a single standard of care to which all injurers must conform. When injurers differ in their costs of care, this leads to distortions in individual care choices. This paper derives the characteristics of a negligence rule that induces optimal care by all injurers by means of self-selection. The principal features of the rule are (1) the due standard is set at the optimal care of the lowest cost injurer, and (2) liability increases gradually rather than abruptly as care falls below this standard. The results are consistent with the gradation in liability under certain causation rules and under comparative negligence.

On Negligence Rules and Self-Selection

Economic models of negligence ordinarily involve a single standard of care that all injurers must meet to avoid liability. When injurers differ in their costs of care, however, this leads to distortions in their care choices. This paper derives the characteristics of a generalized negligence rule that induces injurers to self-select their optimal care levels. The principal features of the rule are (1) the due standard of care is maximal, and (2) liability increases gradually as injurers depart further from this standard. The results are broadly consistent with the gradation in liability under certain causation rules and under comparative negligence.

Principles of the law of negligence /

Includes bibliographical references and index.

American negligence reports,

"All the current negligence cases decided in the federal courts of the United States, the courts of last resort of all the states and territories, and selections from the intermediate courts, together with notes of English cases and annotations." (varies)

American negligence cases a complete collection of all reported negligence cases decided in the United States Supreme Court, the United States Circuit Court of Appeals, all the United States circuit and district courts, and the courts of last resort of all the states and territories, from the earliest times, with selections from the intermediate courts. [1789-1897] Topically arranged, with notes of English cases and annotations.

Editors: v. 1-10, T. F. Hamilton--v. 11-16, W. J. Eagle--v. 17, Publisher's editorial staff.

American negligence digest, from the earliest time to 1902 : a digest of all the decisions contained in the American negligence cases and the American negligence reports /

Mode of access: Internet.

Rose's notes on the United States Supreme court reports (2 Dallas to 259 United States reports) showing the present value as authority of all cases therein reported as disclosed by all subsequent citations since the revised edition in all the courts of last resort, both federal and state, and in the annotations in American law reports, lawyers' reports annotated, annotated cases, British ruling cases, negligence and compensation cases annotated with parallel references to the above-mentioned annotated cases, the lawyers' edition of the U. S. reports and the reporter system,

Mode of access: Internet.

Rose's notes on the United States Supreme court reports (2 Dallas to 241 United States reports) showing the present value as authority of all cases therein reported as disclosed by all subsequent citations in all the courts of last resort, both federal and state, and in the annotations in American decisions, American reports, American state reports, Annotated cases (American and English), Lawyers' reports annotated, English ruling cases, British ruling cases, Negligence and compensation cases annotated, with parallel references to the above-mentioned Annotated cases, the Lawyers' edition of the U. S. reports and the Reporter system,

Kept up to date by supplements

Preparation manual for aviation negligence cases : compendium of regulations, practices and sources of evidence for attorneys engaged in litigation arising out of aviation accidents /

Mode of access: Internet.