Assessment of Liability for Professional Negligence: A Case Study

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Professional Legal Skills
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Table of Contents
Introduction....................................................................................................................................................3
Task................................................................................................................................................................4
Conclusion.....................................................................................................................................................8
References......................................................................................................................................................9
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Introduction
To assimilate large and complex information effectively and efficiently the role of the
professional legal skills is play a crucial and important role. In this context, this assignment
consists the brief description as per the given case study in the task. In the under mentioned task,
there is a brief discussion of the provisions which covers the provisions of related to the
professional negligence, legal ethics, and conflicts of interest.
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Task
Issue
Whether J Simmons and Co are liable for the professional negligence against Ben, Ella, Amelia,
and Harry?
Rule
To conduct the rights and obligations of the parties in the fair and transparent manner there are
several rules that are enacted by the government in this purpose.
Professional negligence and duty of care
It is essential that the professional act with due care and skills as per the requirement of the law
that needs to be expected as a competent member in their profession. This duty of care imposes
on the professional against the person who is not the client of the professional party. In various
circumstances, it is assumed by law where the professional assumed their responsibility and duty
of care towards the third party 1The contract law separate with the negligence law and the third
party can sue the professional for the breach of the contractual terms and conditions. These
situations depend upon the following terms and conditions that are mentioned below:
The loss of the third party should be foreseeable by the professional
There are close relationships between the third party and the professional
In respect of the third party, it is fair and reasonable to impose the duty of care 2
In terms of the contract there is a separate contract law for the law of negligence and for this, the
third party is able to sue for the contract and its breach. According to the case of Darby & Darby
(a firm) v Joyce [2014], EWCA CIV 677 - 20/05/14 where the court held that to the cost of the
1 Mortensen, N., 2018. Williams review of gross negligence manslaughter in healthcare. BMJ: British Medical
Journal (Online), 361.
2 Frumkin, H. ed., 2016. Environmental health: from global to local. John Wiley & Sons.
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proceedings of the injunction for enforcing the work of cessation was not amount to the
negligence of the firm. 3In this context, it is the duty of the professional to perform the obligation
to perform the reasonable care against any breach of duty which can reasonably be foreseen
which can be injured by any act or omission 4These are the actions that reasonable effected to
other people.
Legal ethics
Legal ethics are the minimum standards for the conduct of the appropriation to conduct within
the legal profession. These are the norms and morals that govern the lawyers and the judges. It is
the member’s duty that is owed against one another, towards courts and the clients 5 Ethics assist
towards the guidance to the professionals to behave in the appropriate manner that arises in
relation to the moral dilemmas. These are the principles that serve the interest to provide legal;
services to the consumers so as to act in the interest of justice. The role of the legal ethics is very
essential as it not only regulates the conduct of the legal practice but also includes reflect of the
basic premises, assumptions and the legal system methods which assist the lawyers and their
operation. It also plays an important role in justice and its administration 6Legal ethics assist in
performing the operation in an ethical way in the legal field. This address the relationship
between the law and the morality for regulating the legal services in the market including the
roles of professional and legal and judiciary professional ethics. This provision includes the
development by providing education, training and professional development. Its violations make
the business losses its reputation by both the customers and the employees and the breach of the
legal and professional ethics attracts legal fines 7
3 Bird, N., 2018. The Professional Negligence Law Review. [Online]. Available at:
://www.matheson.com/images/uploads/documents/The_Professional_Negligence_Law_Review_First_Edi.
[Accessed on Accessed 18 Feb. 2019].
4 Ahmed, M., 2018. Preliminary Review of the Professional Negligence Adjudication Pilot Scheme.
5 Townsend, L. and Wallace, C., 2016. Social media research: A guide to ethics. Aberdeen: University of Aberdeen.
6 Paterson, A., Barghathi, Y., Mathur, S. and Jackson, W., 2018. 2 Accountability, Ethics, and the Business World.
In Contemporary Issues in Social Accounting (pp. 11-31). Goodfellow.
7 hcpc., 2016. Standard of conduct performance and ethics. [Online]. Available at:
https://www.hcpc-uk.org/globalassets/resources/standards/standards-of-conduct-performance-and-ethics.pdf.
[Accessed on Accessed 18 Feb. 2019].
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Conflict of interest
Conflict of interest is the situation which involves the interest that involves several interests
whether financial or otherwise that serves one interest with the other. These are the personal
interest of the individual that affects the interests of the third party. It is a situation in which the
interest of the individual is competitive8 This is the dual relationships where one person is in the
relationship of one person and the one in the other relationship. This conflict is existing in many
situations which include:
Where the personal interest conflict with the other professional position
The responsibilities of the person are in conflict
The authority of one person position is in the conflict with their own interest in the other
organization.
Conflict of interest is the crime similarly like other unethical activities. There are various laws
are enacted by the state criminalize the conflicts of interest. There can be a conflict of interest at
the place of occupation which includes the employee work at one place but also having a side
business that competes with the business of the employer9 In such a case, the employees are fired
by the employer. It also implicates the legal liability towards the breach of the loyal duty just for
providing benefit to own whether directly or indirectly. According to the case of Arthur Hall v
Simons, where the court held that the potential liability encourages the advocate's performance
towards the client without any conflicting of interest.
Facts
As per the given scenario, Ben and Ella recommended to their friends that they had made great
investments in the property whose process is lower than the process of other properties. Due to
this, Amelia and Harry contacted the company of J Simmons to know about the calculation of
the purchase price. One of the partners James advice that the value of the property increases.
Amelia and Harry raise the fund as a mortgage for the purchase of property and for this James
8 Evans, C.E., Thomas, R.S., Freeman, T.J., Hvoslef-Eide, M., Good, M.A., Kidd, E.J. and Good, M., 2018. Conflict
of Interest. The Bulletin.
9
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recommended his friend Peter who is the broker for providing a mortgage. For this peter provide
a certain percentage of his commission to the James for the recommendation of the clients for
seeking a loan from the firm of the peter.
The properties owned by the directors of the French Villas UK Ltd also acted as a partner in the J
Simmons and Co and this is not in the knowledge of the Ben, Ella or Amelia and Harry.
Ben and Ella ready to purchase the land for building the villa by providing funds of pound
300,000 to the J Simmons and Co.
Now both the Amelia and Harry go to France to find actual land for the villa but it was found
that the land was not known by the French Villas UK and has no legal title to the land and it was
actually owned and controlled under the local farmer.
Now the owner of the land commence legal proceedings against the company French Villas UK
where no inquiries have been raised by the J Simmons and Co against the title of the land nor
received any title deeds and not inform the couples about this fact10
With this act, Ben and Ella sue to J Simmons and Co for the professional negligence and also
Amelia and Harry wants to sue the company for the same purpose and claim of all the interest
and administration fees that are demanding by the company of the Peter.
With the above-mentioned rules and provisions, Ben and Ella can sue the J Simmons for the
conduct of the professional negligence and also Amelia and Harry.
Conclusion
As per the above discussed rule, it is concludes that the J Simmons and Co are liable for the legal
charges as they are liable for the professional negligence by provide funds indirectly from the
peter just for their own benefits and they hide the information about the partner who is also
working in the French Villas UK on the basis of this believe Ben and Ella purchase the land and
also this is not in the knowledge of the Amelia and Harry. Further, the J Simmons and Co also
liable for the breach of the terms of legal ethics where there is no property is found by the
10 McClelland, L.J., 2016. Conflict of Interest. Pediatric Anesthesia, 26, pp.321-330.
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Amelia and Harry on the named of French Villas UK and the land was under the control of the
local farmer. This is the conflict of interest where for the accomplishment of the personal interest
by the J Simmons and Co which is completely unethical.
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Conclusion
With the abovementioned discussions, it is concluded that the above-mentioned provision
provides the opportunity to the learners to acknowledge about the provisions of the professional
duty, legal ethics, and conflict of interest. The above provisions provide the opportunity to the
learners to fulfill the obligations as per these provisions. These provisions assist the learners or
the aggrieved to access their rights in case of any breach of the above-mentioned provisions and
to get justice against any misconduct and guilty acts. The above provisions provide the rights to
the aggrieved against any breach of the duty by the professional towards the clients. These
provisions abode the professions to conduct their operation in an ethical manner. It depicts the
duties and professional that needs to be carried by the professional while conducting the
obligations.
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References
 Ahmed, M., 2018. Preliminary Review of the Professional Negligence Adjudication Pilot
Scheme.
 Bird, N., 2018. The Professional Negligence Law Review. [Online]. Available at:
://www.matheson.com/images/uploads/documents/The_Professional_Negligence_Law_R
eview_First_Edi. [Accessed on Accessed 18 Feb. 2019].
 Evans, C.E., Thomas, R.S., Freeman, T.J., Hvoslef-Eide, M., Good, M.A., Kidd, E.J. and
Good, M., 2018. Conflict of Interest. The Bulletin.
 Frumkin, H. ed., 2016. Environmental health: from global to local. John Wiley & Sons.
 hcpc., 2016. Standard of conduct performance and ethics. [Online]. Available at:
https://www.hcpc-uk.org/globalassets/resources/standards/standards-of-conduct-
performance-and-ethics.pdf. [Accessed on Accessed 18 Feb. 2019].
 McClelland, L.J., 2016. Conflict of Interest. Pediatric Anesthesia, 26, pp.321-330.
 Mortensen, N., 2018. Williams review of gross negligence manslaughter in
healthcare. BMJ: British Medical Journal (Online), 361.
 Paterson, A., Barghathi, Y., Mathur, S. and Jackson, W., 2018. 2 Accountability, Ethics,
and the Business World. In Contemporary Issues in Social Accounting (pp. 11-31).
Goodfellow.
 Townsend, L. and Wallace, C., 2016. Social media research: A guide to ethics. Aberdeen:
University of Aberdeen.
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