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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Henderson v Merrett Syndicates Ltd ： ウィキペディア英語版 Henderson v Merrett Syndicates Ltd ''Henderson v Merrett Syndicates Ltd'' () (UKHL 5 ) was a landmark House of Lords case. It established the possibility of concurrent liability in both tort and contract. ==Facts== Lloyd's of London, an insurance market, is organized in syndicates - groups who share the business, risk, and reward, of underwriting insurance policies and similar projects. The syndicate acts as a market which offers insurance on the one hand and investment opportunity on the other. The active business of a syndicate is run by underwriting agents. The liability of an investor (known as a "name") is unlimited - names share the profits but are also exposed to unlimited liability in the event of losses. In the present case, hurricanes in America had led to unprecedented losses for insurers. After the hurricanes, Lloyd's called upon the investors to cover their share of these losses. Litigation followed in which the names sued the people running the underwriting agents for negligent management of the investment fund. Mr Henderson was one of the names and Merrett Syndicates Ltd was one of the underwriting agents. It was accepted that the underwriting agents had a duty to exercise due care and skill (see for instance, s 13 Supply of Goods and Services Act 1982). The question was whether the agents could be liable to the indirect investors (the names behind in the syndicate which had formed another syndicate). The problem was that there was a contractual relationship between the head syndicate managers and its direct members, but not necessarily a contractual relationship between the head syndicate managers and the members of the sub-syndicate. This led to the question of whether a duty could arise in tort, raising the matter of "assumption of responsibility". 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Henderson v Merrett Syndicates Ltd」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.