What was the negligent omission in this case


Problem: Critically read Rushbond Plc v The J S Design Partnership LLP [2020] EWHC 1982 (TCC) and answer the following questions:

1. What were the facts of the case?

2. What was the negligent omission in this case?

3. What arguments were forwarded by both parties (Plaintiff & Defendant) in this case?

4. Explain the concept of 'pure omissions'. Does a 'pure omission' attribute liability on the wrongdoer?

Note: The above case was successfully appealed - see decision and reasoning in Rushbond Plc v The JS Design Partnership LLP [2021] EWCA Civ 1889. Students must read this case in their own time in order to successfully answer the scenario below.

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