Investor Presentaiton

. Presumption raised by failure to produce a pleaded document . Alleging condition of the mind and notice of a fact to any person . Pleading implied contract or relation . Pleading presumption of law . Stated or settled account . Defence of tender . Close of pleadings 254 254 255 255 255 256 256 • SECTION 5 (B): Statement of Claim Components of statement of claim 256 257 Relationship between statement of claim and writ of summons 258 Propriety of claiming "as per writ of summons" in a statement of claim 258 • Right to object to the irregularity ex facie the statement of claim waivable 259 Cause of action the plaintiff is obligated to plead in his statement of claim 259 • Determining reasonable cause of action 260 Plaintiff may alter his claim without amendment of the indorsement 261 . Where relief sought is couched in imprecise terms 261 Statement of claim to state relief claimed either simply or in the alternative 261 SECTION 5 (C): Damages and Reliefs 264 . General damages 267 • Special damages 268 • Liquidated and unliquidated damages 269 • Claims for loss of profits 269 . Principle guiding assessment of damages for breach of contract 270 • Principles governing award of general damages for personal injury 271 xxi

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