All Posts in "Concurrent Liability"

Concurrent LiabilityThere is a conceptual distinction amongst torts and contracts, and in the Maltese Civil Code these two sources are dealt with in various sections of the law. Section five and section 2 of the Limitation Act 1980 state that the limitation period for an action in straightforward contract or tort, respectively, is six years from the date on which the lead to of action accrued”. The final essential distinction is that the applicability of statutes relating to contribution and apportionment between concurrent wrongdoers may possibly rely on regardless of whether each wrongdoers are tortfeasors, or no matter if one is a tortfeasor and a single merely in breach of contract (Feldthusen, pg 99). Tort: the plaintiff is to be put in the position it would have been in had the misrepresentation not been created.

Despite the fact that the Court of Appeal disagreed that the loss claimed by Wellesley was … Read the rest >>>

Joshua Brown by — February 18, 2016 in Concurrent Liability

Concurrent LiabilityIf you are logged in as a member or a registered academic, you will see a hyperlink to download the paper for Absolutely free. V. British Columbia Hydro and Power Authority, 1993 CanLII 145 (SCC), 1993 1 S.C.R. 12 and Cognos, that breach of pre-contractual representations may possibly be actionable as each a breach of contract and negligent misrepresentation, with clear exceptions arising from the express terms of the contract. This conclusion possessing been reached, one particular would expect that the quantum of damages in tort and contract would be comparable because the elements of the bargain unrelated to the misrepresentation are reintroduced.

Even though I would not question the conclusions reached in any of these judgments, I am of the view that inquiring into such matters as whether or not the defendant had expertise of the plaintiff (or class of plaintiffs) and whether or not the plaintiff applied the … Read the rest >>>

Joshua Brown by — December 2, 2015 in Concurrent Liability

Concurrent LiabilityThe case of Robinson -v- P E Jones (Contractors) Ltd 2011 EWCA Civ 9 deals with the issue of tortious liability operating concurrent to contractual liability. The courts traditionally appear at the view that the accurate part of tort is to compensate these who have created a loss…read far more. The mere truth that the parties have dealt with a matter expressly in their contract does not imply that they intended to exclude the correct to sue in tort. Claims for defective or poorly performed building perform have in the previous been commonly created each in contract and below the general law of tort” (or delict” as it is recognized in Scotland) which imposes liability for particular negligent acts. Concurrent tortious liability can occasionally supply an advantage over contractual liability.

The court assumed that parties contract on the basis that their liability will be restricted to harm of such sort … Read the rest >>>

Joshua Brown by — September 24, 2015 in Concurrent Liability

Concurrent LiabilityLiability in tort might arise separately but will sit alongside a contractual suitable (hence concurrent). In Henderson v. Merrett , Lord Goff laid down the present English position on concurrent liability, by holding that the existence of a contract involving parties does not necessarily exclude the concurrent existence of liability in tort. Here, the plaintiff could seek to sue concurrently or alternatively in tort to safe some advantage certain to the law of tort (such as a much more generous limitation period) (BG Checo, para 19).

The courts traditionally look at the view that the true role of tort is to compensate those who have made a loss…read a lot more. The mere truth that the parties have dealt with a matter expressly in their contract does not mean that they intended to exclude the proper to sue in tort. Claims for defective or poorly performed building operate have in … Read the rest >>>

Joshua Brown by — September 13, 2015 in Concurrent Liability

Concurrent LiabilityLord Justice Jackson has referred to as on the government to generate a single core limitation regime” for all claims in contract and tort, as advisable by the Law Commission. A contract may well expressly specify a duty which can give rise to a separate and actionable breach of contract. The initial and foremost question really should be regardless of whether there is a specific contractual duty designed by an express term of the contract which is co-extensive with the frequent law duty of care which the representee alleges the representor has breached. Hence, whether the complete agreement clause excludes Intrawest from liability for negligent misrepresentation is not very easily answered. By contrast, tortious claims permit all losses to be recovered which are reasonably foreseeable at the time the tort occurred.

In Henderson v. Merrett , Lord Goff laid down the present English position on concurrent liability, by holding that … Read the rest >>>

Joshua Brown by — June 25, 2015 in Concurrent Liability