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Hawkins V Clayton Case Summary Essay

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Hawkins v Clayton [1988] HCA 15; (1988) 164 CLR 539 (8 April 1988) High Court of Australia Case Title: HAWKINS v. CLAYTON [1988] HCA 15; (1988) 164 CLR 539 F.C. 88/012 Medium Neutral Citation: [1988] HCA 15 Hearing Date(s): 1987, May 13 1988, April 8 Decision Date: 20 June 2011 Jurisdiction: High Court of Australia Before: C.J Mason J. Wilson J. Brennan J. Deane J. Gaudron Catchwords: Negligence - Duty of care - Solicitor - Will held by solicitor - Failure to inform executor of death of testator and of contents - Whether duty to do so - Loss to estate caused by executor's ignorance of death - Measure of damages. Limitation of Actions - Tort - Accrual of cause of action - …show more content…

Smith (1808) 10 East 293, at p 295 (103 ER 786, at p 787) Meyappa Chetty v. Supramanian Chetty (1916) 1 AC 603, at pp 608-609 Ryan v. Davies Bros. Ltd. [1921] HCA 53; (1921) 29 CLR 527, at p 536) Pinchon's Case [1572] EngR 289; (1611) 9 CoRep 86b, at p 88b [1572] EngR 289; (77 ER 859, at p 863) Texts Cited: Sir James Stephen, A History of the Criminal Law of England (1883) Parties: Representation - Counsel: File number(s): DECISION The case of Hawkins V Clayton was the result of a breach of duty by the solicitors of the testator, Mrs Brasier, and to the executor of the estate, Mr Hawkins. The solicitors were in custody of Mrs Brasier’s will and seemingly were not aware of the testators death for some time as they had written letters to her regarding her will in September 1978 and August 1979 with no response. After the commencement of the action taken up by Mr Hawkins, he had passed and his widow and executor continued the action as she had become Mrs Brasier’s executor by devolution. Mr Hawkins and his family had lived with Mrs Brasier as a “tenant” in her home at Blakehurst, sometime during August 1973 Mr Hawkins and Mrs Brasier had had a disagreement and the Hawkins family had left the Blakehurst house. It was determined that Mrs Brasier had spoken with Mr Hawkins about his appointment as executor but had not confirmed it once the will was written.

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