Ewan A MacGregor Director - Griffiths & Armour Professional Risks Joint Consultants Forum Identification and Management of Legal Liabilities Institute of Physics 13th July 2005 2005 Ewan A MacGregor Director - Griffiths & Armour Professional Risks

Content Basis of Legal Liabilities Aspects of Contract Formation Consequences of Breach Basis of PI Insurance Summary Final thought

Basis of Legal Liabilities Statutory Duties Common Law Obligations Contractual Liabilities -Law of the parties -The right to agree upheld Joint and Several Liabilities Voluntary Assumption of Liabilities

The Law of Contract Offer Acceptance Consideration Simple contracts / deeds Assignment Warranties

Consequences of Breach Statutes Defined in statute Common Law Obligation Common Law Limited to certain parties Different consequences depending on tort Breach of Contract Limited to contractual party / Rights of 3rd Parties Financial / Consequential losses

Basis of PI Insurance Extent of cover Annual / Claims made policy Each and Every / Aggregate Civil Liability / Negligence Costs in Addition / Costs Inclusive Conditions precedent to cover

Summary Contracts create your own law Collateral Warranties are contracts No fee does not mean no liabilities The level of PII is not a limit of liability Agree reasonable limits of liabilities It’s what you do AND what you say

It’s the alternative that creates the liability Final Thought It’s the alternative that creates the liability

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