Whether a tort duty is a concurrent duty with a contract can be a complicated question. This article will discuss the reasons for concurrent liability in tort. It will also discuss the scope of concurrent liability in tort and the limitations agreed to by contract. This article will also discuss the case of Batty, which involved multiple defendants. The plaintiffs sued both the developer and the builder. The developer had a contract with the plaintiffs; the builder did not.
Relationship between tort duty and contractual duty
There are many cases where employers bring a tort claim against a subcontractor for failure to meet a contractual duty. In such cases, the right of an employer to bring a tort claim against the subcontractor is relevant for both limitation and damages considerations. One notable example is Wellesley Partnership LLP v Withers, a professional negligence case that limits damages in a concurrent duty case. The law firm sued its legal advisers for allegedly negligent advice, and it lost economic value due to the negligence of Withers.
As a result, the development of contract law in the late nineteenth century changed the nature of the relationship between the contract and tort duty. The evolution of the concept of fault in tort and contract law became visible, although the theorists themselves often framed the transition as the triumph of negligence over strict liability. While theorists of the late nineteenth century were keenly aware of the modifications of contractual duty and fault terms, they were less … Read the rest >>>