Undertakings Flashcards
What is an undertaking?
An undertaking has been defined as
- a pledge or a promise
- made by an attorney-at-law
- in his professional capacity
- to do or
- refrain from doing a particular act.
To whom may an undertaking be given?
It may be given to the court, a client or even a third party.
True or False.
An Undertaking may be given orally.
True.
But where it is not in writing, it is advisable that it should subsequently be confirmed in writing
True or False.
The promise of one partner bunds the other members of the firm.
The promise by a servant or other agent binds the principal if the agent had ostensible authority to make the promise.
True.
True.
Rule ____ states that
An attorney shall not give a professional undertaking that he cannot fulfill, and he shall fulfill every such undertaking that he gives.
Rule 45
Rule ____ states that
An attorney shall not commit a breach of an undertaking given by him to a Judge, a Court, or other tribunal or an official thereof, whether such undertaking relates to an expression of intention as to future conduct or is a representation that a particular state of facts exists.
An attorney shall not knowingly represent falsely to a Judge, a Court or other tribunal, or to an official of a Court or other tribunal, that a particular state of facts exists.
Rule 81(1) and (2)
What are the three possible consequences that an attorney may face for breach of an undertaking?
These are outlined in which case?
Udall v Capri Lightning Ltd. [1987] 3 All E.R. 473
- An application may be made to the court to enforce the undertaking in the exercise of the court’s inherent supervisory jurisdiction over its officers;
- An application may be made to the disciplinary body for disciplinary proceedings to be brought aginst the attorney; and
- An action in law, in cases where there is a cause of action for e.g: Breach of Contract
“Failure to implement an undertaking is prima facie misconduct even though the solicitor’s conduct has not been dishonorable”
This principle is from what case?
United Mining and Finance Corporation Ltd. v Becher
Al Khandari v Jr. Brown
You can be liable in negligence to a third party for failure to take reasonable care in performing an undertaking
True or False.
An attorney who is sued for breach of an undertaking to pay over sums may also be ordered to pay interest on those sums from the date when they were due to be paid over to the date when they were actually paid over.
American jewellery Company v Commercial Corporation Jamaica
Outline a discussion on the issue of a breach of undertaking
- What is an undertaking
- Why are undertakings important
- who is bound by an undertaking
- what are the consequences of a breach of undertaking
- what are the rules regarding undertaking
What is the importance of professional undertakings?
Undertakings are a fundamental part of legal practice. Many areas of practice, such as conveyancing and litigation, rely on the giving and receiving of undertakings to progress matters.
Who is bound by a professional undertaking?
when does a professional undertaking give rise to a duty of care to third parties?
Al Khandari v Jr. Brown
How may undertakings be enforced?
