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

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

3. 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

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

5. 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

6. 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

7. 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

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

9. Disclaimer
Griffiths & Armour Professional Risks Ltd acts as manager for the professional indemnity division of Griffiths & Armour. Griffiths & Armour Professional Risks Ltd is an appointed representative of Griffiths & Armour which is authorised and regulated by the Financial Services Authority. Please note that any information regarding taxation is based on Griffiths & Armour’s understanding of legislation and Inland Revenue policy that may change in the future.The information contained in this presentation does not constitute advice.
Griffiths & Armour and Griffiths & Armour Professional Risks Ltd accept no responsibility for action taken as a result of information contained in this presentation. © 2005 by Griffiths & Armour.All rights reserved. No part of this publication/presentation may be reproduced, stored in a retrievable system, or transmitted in any form or by means, electronic, photocopying, recording or otherwise without the express permission of Griffiths & Armour.