One particular of the most critical inquiries involving qualified liability is the extent to which a contractual client alleging lack of care and talent is capable to sue in the tort of negligence besides any action for breach of the contract itself. A pre-contractual misrepresentation will lead to concurrent liability where a offered wrong prima facie supports an action in each contract and tort, and the contract does not indicate that the parties intended to limit or negate the tort duty. The court’s choice renders broader tortious guidelines inapplicable in such cases and adds to earlier developments restricting the usefulness in a construction context of parties bringing concurrent claims in tort as properly as contract.

Conversely, the test for remoteness in tort is set out in The Wagon Mound (No 1) 1961 AC 388 which held that remoteness was satisfied if the loss is reasonably foreseeable”. A claim in tort may (in some situations) have the benefit of a longer limitation period. In favouring the contractual rules as to remoteness, the Court of Appeal has removed one particular cause for potentially bringing concurrent claims in tort and contract.

If claiming for pure financial loss, a claim can only be in breach of contract unless there has been a negligent misstatement. Offered the similarities of the reasonable care” duties below contract and tort, this nuance is very important and further illustrates the value, for potential claimants, of pleading each causes of action. Though the claim in this circumstance will be pleaded … Read the rest >>>