Braces defence and counterclaim

10 in breach of the duty of care the defendant failed

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10. In breach of the duty of care, the defendant failed to provide orthodontic services in a competent professional manner. PARTICULARS 2
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The defendant refers to and repeats the particulars given under paragraph 7 above and further says that he was not qualified extract teeth. 11. By reason of the matters in paragraphs 9 to 10, the defendant has suffered loss and damage. PARTICULARS The defendant refers to and repeats the particulars given under paragraph 8 above. 12. Further and alternatively, the plaintiff represented to the defendant that the orthodontic services would not affect her speech, her involvement in a forthcoming advertisement, her employment interviews and that her braces would not be visible. PARTICULARS The representations were made by the plaintiff in the course of the conversation referred to in the particulars under paragraph 6. 13. The plaintiff owed the defendant a duty of care in making the representation to ensure that it was substantially accurate and reliable. 14. In breach of the defendant’s duty of care, the representation was false.
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  • Fall '09
  • Orthodontics, 2000, 1999, October 2000, Dental braces, retainer

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