Exam swap between twins

I am one of a pair of identical twins. My brother is brilliant in maths, and I am better with languages. In our recent internal school exams, we swapped places. He sat my maths paper under my name, and I took his language paper under his. We even exchanged student IDs. Nobody seemed to notice at the time, but now I am plagued with guilt and fear. These were not national exams, but I am scared of being expelled or worse if the school finds out. What could happen, and is there a way to fix this before it is too late?
PF, Dar es Salaam

This sounds like a movie script! Very interesting what you did.

Impersonating another individual during an examination is considered a serious violation of school regulations and, in the case of national examinations, may constitute an examination offence. National Examination Council Examination Regulations, 2015 prohibit cheating in examinations, and, in case of a candidate, cheating will have his/her examination results nullified. You have noted that these were not national exams. However, even during internal assessments, educational institutions are mandated to uphold academic integrity, and violations of school regulations can lead to disciplinary actions such as suspension, expulsion, or official notation on academic records.

Since an investigation has not yet commenced, as stated, it is advisable to seek confidential legal counsel before revealing any details. You may also consider making a voluntary admission to the school facilitated by a legal advocate or student representative. Your willingness to come clean may serve as a mitigating factor for serious consequences. We believe the school will have guidelines and rules on how to fix this situation. Possible remedial actions may involve retaking affected exams. Consult your lawyer for further guidance and avoid conduct that is not acceptable in the future, as some actions may amount to criminal offences with more serious consequences on your life. Of course the other option is to keep quiet, which we wish to not comment on.

Lawyer negligence in Tanzania vs UK

I am a retired teacher. In 2020, when visiting the offices of a well-known organisation, I slipped and fell on a wet patch. There was no warning that the floor was wet. I suffered a concussion and a fractured arm, and recovery took several months. After leaving the hospital, I attempted to pursue justice but was misled by a lawyer I trusted. I explained my situation to him, and he assured me he would handle my case. However, he did nothing, and I later discovered I had missed the legal deadline to file a claim. Losing the opportunity for justice was heart-breaking. When I confronted him about his negligence, he denied any wrongdoing saying that I never gave him instructions to pursue the claim against the organisation. Feeling betrayed, I am now contemplating whether I can sue him for professional negligence.  I have read several cases of professional negligence concerning lawyers under Tanzanian law and English law, but I struggle to understand them. Please guide me.
JM, Iringa

Thank you for sharing your story, and we are sorry to hear about your accident. The law recognises your right to hold professionals accountable, so maybe not all hope is lost. Your situation clearly exemplifies professional negligence. Under tort law, professional negligence occurs when a professional (in your case, a lawyer) fails to exercise the care, skill, and diligence expected of them, leading to harm to the client. This confers on the client a right to sue for damages suffered due to the negligence. Lawyers generally owe their clients a duty of care, which includes acting diligently, meeting deadlines (such as the statutory limitation period), and communicating honestly.

Professional negligence is quite similar in Tanzania and the UK. However, in Tanzania, the Court of Appeal of Tanzania has recently emphasised the importance of clear contractual engagement between a client and a lawyer for there to be liability for professional negligence. In a recent case, it was held that the duty of care arises from a confirmed professional relationship, not merely from informal discussions. Without proof of formal instruction or a retainer agreement, the lawyer cannot be held liable for negligence. Therefore, for one to succeed in a claim for professional negligence, one must prove that the lawyer was formally instructed and accepted the duty to act. This means that for you to succeed in a negligence claim, you must show that the lawyer friend was contracted to act, and then failed to perform that duty.

In contrast, the law in the UK is notably more flexible when it comes to establishing professional negligence by a practitioner. Unlike in Tanzania, where Courts require clear evidence of formal instruction or a retainer agreement, English law allows a duty of care to arise even in the absence of a formal contract. This reflects a broader understanding of how professional relationships may develop in practice. Courts in England and Wales recognise that a solicitor-client relationship can be formed through conduct, correspondence, or reasonable reliance. For example, if a solicitor gives legal advice or undertakes tasks on behalf of a person who reasonably believes they are being represented, a duty of care may be implied. The focus is not on written agreements but on the nature of the interaction and the expectations created.

To succeed in a claim for professional negligence the claimant must prove four key elements: first, that a duty of care existed (sometimes implied from the relationship according to UK case law); second, that there was a breach of that duty, meaning the solicitor failed to meet the standards expected of a competent professional; third, that the breach caused harm; and fourth, that the claimant suffered actual loss, whether financial or legal. This means that even without a signed retainer, a client in the UK may still sue a solicitor if they can demonstrate that the solicitor acted in a professional capacity and failed in their duty. The UK law seems to prioritise substance over form, which offers greater protection to clients who rely on legal professionals in good faith. We advise that you formally engage a lawyer for further guidance.