The End Of A Builder’s Concurrent Liability In Contract And Tort? (2)
One 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 >>>