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Words: | Submitted: Fri Jan 28 2005
... in delict to disappointed beneficiaries where wills have been administered negligently. The case, which has given great significance to this area of law, was White v Jones. LEGAL BACKGROUND In general it appears to be that in Scots law, a solicitor acting for a client may be concurrently liable both in contract and in delict, and the solicitor owes no duty of care to third parties. However recent developments to the law in England and many other jurisdictions such as the United States and other commonwealth countries the court are increasingly becoming more anxious to modify this position as to avoid the confusion of contract and delict redress towards the claim of a disappointed beneficiaries. The origins of this rule dates back to a decision held by the House of Lords in Robertson v Flemming where the important words of Lord Cranworth were exemplified: "Where A employs B, a professional man, to do some ...
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