Difference between advice and information provided by a professional (for example a broker) – English law

English law relating to professional negligence draws an interesting distinction between whether the professional person is giving information or giving advice. This is not specifically part of South African law but it is relevant when considering liability, for instance, of brokers under the FAIS Act. The difference is between providing information for the purpose of enabling someone to decide on a course of action, and advising someone as to what course of action to take. An English court held in 2017 that a broker was responsible for failing to inform a client that there was no market for the proposed retrocession cover for a book of reinsurance business contrary to the broker’s duty to inform the client whether or not reinsurance was available. The broker was responsible for the entire transaction in placing the retrocession and was therefore giving advice and not merely information because it took responsibility for the whole transaction. A professional giving advice….. To continue reading this legal news please click Read full information...

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Federal Circuit Precedent Alert: Sucic v. Wilkie (definition of “children” in substitution statute)

What is the Deep Issue in the Case? Claimants eligible to receive accrued benefits upon the veteran’s death are, in order of eligibility, the veteran’s spouse, “the veteran’s children” and the veteran’s dependent parents. 38 U.S.C. §5121(a)(2). When the veteran died in 2016, his three adult children argued they were eligible accrued benefits beneficiaries, and should be permitted to substitute into the appeal pending at the veteran’s death. Are non-dependent, adult children part of what Congress called “the veteran’s children” in the substitution and accrued benefits statutes? What did the FCOA Decide? The Federal Circuit held, in a precedential decision that the term “children” in the accrued benefits statute (38 USC §5121(a)(2)(B)) is clearly and unambiguously governed by the definition of “child” in §101(4)(A) and that non-dependent adult children are not eligible….. To continue reading this legal news please click Read full information...

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Littleton-Griswold Research Grants Announced

The American Historical Association has announced the recipients of its Littleton-Griswold Research Grants, which support research in US legal history:Nicole Breault, The Night Watch of Early Boston: Law and Governance in Eighteenth-Century British AmericaSigne Fourmy, They Chose Death over Slavery: Enslaved Women and Infanticide in the Antebellum SouthAden Knaap, Judging the World: International Courts and the Origins of Global Governance, 1899–1945.. To continue reading this legal news please click Read full information...

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"The Law of Emerging Adults" by Ryan

Clare Ryan (Yale University, Law School) has published "The Law of Emerging Adults" on SSRN. Here is the abstract: Law tends to divide people into two groups based on age: children and adults. The age of majority provides a bright….. To continue reading this legal news please click Read full information...

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U.S. Companies Use Visa Program to Displace Older High-Tech Workers

American companies are using the H-1B visa program to displace older high-tech workers with young, foreign workers who are paid less and willing to work long hours. That is the thesis of an article by William R. Kerr,  a business professor at Harvard University, published in The MIT Sloan Management Review. Kerr writes that older … Continue reading "U.S. Companies Use Visa Program to Displace Older High-Tech Workers".. To continue reading this legal news please click Read full information...

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