It is an interesting question as to how Divisions 1 and 2 of the Civil Liability Act 2002 would apply to a claim for relief in the form of a quia timet injunction
It has long been held that where a debtor owes a creditor a certain amount, both parties cannot contract to reduce the size of the debtors debt. In Penny v Cole (Pinnel’s Case) [(1602) 5 Co Rep 117a; (1602) 77 ER 237], it was found that an agreement to take a lesser sum than that which is [...]
A debtor who owes two debts to a creditor is entitled to appropriate a payment which he makes to his creditor to one debt rather than to the other. If he omits to do so, the creditor may make the appropriation. If neither makes any appropriation, the law appropriates the payment to the earlier debt. If there is specific appropriation by the debtor cadit quaestio. In the absence of a specific appropriation it is a question of fact whether there was any appropriation by the debtor. To constitute an appropriation there must be more than an intention to appropriate by the debtor.
The standard of care for an employee’s safety that is required to be achieved has been described as “not a low one”……
