Legal Malpractice and the Disappointed Beneficiary under English and German Law

dc.contributor.advisorHutchison, Dale
dc.contributor.authorDemuth, Michael
dc.date.accessioned2021-11-18T13:18:29Z
dc.date.available2021-11-18T13:18:29Z
dc.date.issued2000
dc.date.updated2021-11-12T08:33:48Z
dc.description.abstractThe matter of this survey is the so-called disappointed-beneficiary cases. In these cases an intended beneficiary of a will suffers a loss, because the will is rendered invalid due to legal malpractice of the will-preparing lawyer. There are several difficult problems contained in these cases. The problems shall be examined by comparing the solutions for these cases under English and under German law. - As will be seen below, policy-considerations form the core of the leading court decisions dealing with that problem in England as well as in Germany because no satisfactory theoretical solution to the problem is been found yet. But in both jurisdictions it seems that the courts and writers concerned with these cases seem to tend to the opinion that the policy reasons are speaking for a solution in which the lawyer is held liable to the disappointed beneficiary. Since the theoretical problems are still not solved, these policy arguments are of crucial importance in the disappointed-beneficiary cases. Next to a survey of the conceptual issues it shall therefore be tried to examine these policy arguments carefully.
dc.identifier.apacitationDemuth, M. (2000). <i>Legal Malpractice and the Disappointed Beneficiary under English and German Law</i>. (). ,Faculty of Law ,Centre for Law and Society. Retrieved from http://hdl.handle.net/11427/35320en_ZA
dc.identifier.chicagocitationDemuth, Michael. <i>"Legal Malpractice and the Disappointed Beneficiary under English and German Law."</i> ., ,Faculty of Law ,Centre for Law and Society, 2000. http://hdl.handle.net/11427/35320en_ZA
dc.identifier.citationDemuth, M. 2000. Legal Malpractice and the Disappointed Beneficiary under English and German Law. . ,Faculty of Law ,Centre for Law and Society. http://hdl.handle.net/11427/35320en_ZA
dc.identifier.ris TY - Master Thesis AU - Demuth, Michael AB - The matter of this survey is the so-called disappointed-beneficiary cases. In these cases an intended beneficiary of a will suffers a loss, because the will is rendered invalid due to legal malpractice of the will-preparing lawyer. There are several difficult problems contained in these cases. The problems shall be examined by comparing the solutions for these cases under English and under German law. - As will be seen below, policy-considerations form the core of the leading court decisions dealing with that problem in England as well as in Germany because no satisfactory theoretical solution to the problem is been found yet. But in both jurisdictions it seems that the courts and writers concerned with these cases seem to tend to the opinion that the policy reasons are speaking for a solution in which the lawyer is held liable to the disappointed beneficiary. Since the theoretical problems are still not solved, these policy arguments are of crucial importance in the disappointed-beneficiary cases. Next to a survey of the conceptual issues it shall therefore be tried to examine these policy arguments carefully. DA - 2000_ DB - OpenUCT DP - University of Cape Town KW - Private Law LK - https://open.uct.ac.za PY - 2000 T1 - Legal Malpractice and the Disappointed Beneficiary under English and German Law TI - Legal Malpractice and the Disappointed Beneficiary under English and German Law UR - http://hdl.handle.net/11427/35320 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/35320
dc.identifier.vancouvercitationDemuth M. Legal Malpractice and the Disappointed Beneficiary under English and German Law. []. ,Faculty of Law ,Centre for Law and Society, 2000 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/35320en_ZA
dc.language.rfc3066eng
dc.publisher.departmentCentre for Law and Society
dc.publisher.facultyFaculty of Law
dc.subjectPrivate Law
dc.titleLegal Malpractice and the Disappointed Beneficiary under English and German Law
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationlevelLLM
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