All Posts in "CIVIL LIABILITY CASES"

Concurrent LiabilityOne particular frequently hears the term ‘joint tortfeasors’ in relation to claims involving a number of defendants. The question was no matter whether a contractor, having entered into a contract with its employer, could owe a duty of care in tort not to bring about financial loss and hence be liable to the employer for a longer limitation period At the time of Murphy v Brentwood, most individuals would most likely have answered no” to the question and (save for individual injury or harm to other property) it seemed the law of tort was dead as regards developing contracts.

Section five and section two of the Limitation Act 1980 state that the limitation period for an action in basic contract or tort, respectively, is six years from the date on which the cause of action accrued”. The final crucial distinction is that the applicability of statutes relating to contribution and apportionment among concurrent wrongdoers might depend on no matter if both wrongdoers are tortfeasors, or regardless of whether one particular is a tortfeasor and one particular merely in breach of contract (Feldthusen, pg 99). Tort: the plaintiff is to be place in the position it would have been in had the misrepresentation not been made.

For instance, in the building contract, if it is specified that a developing would have a certain feature and did not once constructed or in the solicitor’s contract it was agreed that assistance would be offered on a distinct aspect and it was not. If … Read the rest >>>

Joshua Brown by — June 17, 2015 in Concurrent Liability

Concurrent LiabilityIn Component II of this post, I discuss negligent tort liability under the CISG in the context of selection-of-law theories, informed by application of Articles 4 and 5 of the CISG. The usual rule in relation to clauses excluding liability is that if liability can be primarily based on negligence or on some other ground, and if the clause does not specifically state that liability for negligence is excluded, then liability for negligence is not excluded. The second possible lead to of action in contract is breach of a term implied by statute, namely section 13 of the Provide of Goods and Solutions Act 1982. This implies not providing the plaintiff compensation for any losses not related to the misrepresentation, but resulting from such elements as the plaintiff’s own poor overall performance, or marketplace or other forces that are a regular element of company transactions.

The essential issues are (1) will a given pre-contractual misrepresentation assistance a claim in contract and tort concurrently and (2) what consequences outcome from concurrent liability. In Holt LJ said that: ‘…if the similar parties enter a contractual connection involving far more limited obligations than these imposed by the duty of care in tort. On the facts of Glanzer, supra, then, the scope of the defendant’s liability could readily be delimited and indeterminacy, for that reason, was not a concern.

The proper to sue in tort is not extinguished, nonetheless, and might stay critical, as exactly where suit in contract is barred by expiry of … Read the rest >>>

Joshua Brown by — June 15, 2015 in Concurrent Liability

Concurrent LiabilityThis is an outline of how to answer a Vicarious liability form dilemma question in an exam. Iacobucci J. concludes that a contract among the parties may preclude the possibility of suing in tort for a provided wrong where there is an express term in the contract dealing with the matter. In effect, outdoors of negligent misstatement a claim in contract can be considerably wider and facilitates a broader claim of damages. At trial the plaintiff relied mostly on fraudulent misrepresentation, with its claim in contract being in the alternative to the claim in tort.

It is only to the extent that this private ordering contradicts the tort duty that the tort duty is diminished … In so far as the tort duty is not contradicted by the contract, it remains intact and may well be sued upon. If so, absent any overriding considerations arising from the context in which the transaction occurred, the plaintiff can’t bring a concurrent action in tort for negligent misrepresentation and is confined to what ever treatments are accessible beneath the law of contract. The rule is not that 1 can’t sue concurrently in contract and tort exactly where the contract limits or contradicts the tort duty.

The question was regardless of whether a contractor, possessing entered into a contract with its employer, could owe a duty of care in tort not to trigger financial loss and thus be liable to the employer for a longer limitation period At the time of Murphy v Brentwood, … Read the rest >>>

Joshua Brown by — June 11, 2015 in Concurrent Liability

Corporate And Civil LegalDaniel Ifill is a single of the civil rights attorneys devoted to professionalism and client accessibility. Especially, the Task Force focused on strategies in which pro bono can be employed consistently to raise the supply of lawyers and other people readily available to provide legal services, even though also engaging pro bono lawyers to decrease demand for these solutions – for example, by recruiting them to tackle systemic issues that produce legal problems for the poor.

The request for a $10 million enhance in civil legal help funding is based on a recommendation by the Boston Bar Association’s Statewide Process Force to Expand Civil Legal Aid in Massachusetts, which in 2014 issued Investing in Justice, a report that demonstrated civil legal help is unavailable to more than 60 percent of certified residents who seek it. The report called for an extra state investment of $30 million in civil legal aid in Massachusetts, to be phased in over a three-year period.

The challenge of Civil Court’s Jurisdiction to entertain certain corporation matters is also supported by the Constitutional Courts on the ground that there is no certain bar below the current Corporations Act, 1956 barring the Civil Courts in entertaining Business matters and on the ground that the Corporations Act, 1956 do no supply all remedial measures to all the shareholders before the Company Law Board or the Business Court.

In creating its recommendations, the Job Force recognizes that there at the moment are other substantial efforts underway to address the … Read the rest >>>

Joshua Brown by — June 3, 2015 in Corporate And Civil Legal

Concurrent LiabilityThe frequently subtle but important variations in the application of tortious principles in the UK and Ireland has been the touched upon in several learned papers delivered in the CBA (see Here ). A single challenge arising in the proceedings was regardless of whether Wellesley could claim for its inability to expand into the USA and win a lucrative contract as a result of a deterioration in its economic position said to have arisen due to the mis-drafted partnership agreement. The court stated that the guidelines for recoverability of damage in tortious claims, which in in some regards are broader than in contract, are to be restricted to the contractual position when concurrent liability is brought into pleadings.

The principles of concurrency, as expressed in BG Checo, assistance the entitlement of a plaintiff to select either, or each, contract and tort treatments. If the contract duty is lesser than the tort duty, then the plaintiff will similarly likely sue in contract simply because recovery in tort would be diminished by the extent to which the contract limits the tort duty. When the tort of negligence was developed in Donoghue v Stevenson and subsequent situations, it aim was to give a remedy for negligence causing physical harm. Such circumstances, the duty of care and the duties imposed by contract will be concurrent and not co-existent’.

Certainly in Clay v Clump (1964), the Court of Appeal had no difficulty in imposing liability on an architect in relation to negligent statement causing physical … Read the rest >>>

Joshua Brown by — May 27, 2015 in Concurrent Liability