This is a sample of our (approximately) 7 page extended Concurrent Liability Vicarious Liability notes, which we sell as component of the Torts Law Notes collection, a 78 package written at University Of New South Wales in 2009 that consists of (about) 121 pages of notes across 16 unique documents. Finally, the respective tests for remoteness demonstrate further distinctions involving claims in tort and in contract. The tort duty as modified by the contractual agreement in between the parties may well be raised in a case exactly where the limitation period for an action for breach of contract has expired but the limitation period for a tort action has not.

To illustrate the similarities and variations amongst actions in contract and tort, I will be taking two potential claims for a case study: construction negligence (primarily based upon a failure to take care when constructing a creating) and solicitor negligence (based upon a failure to advise concerning the existence of third party rights on a piece of land).

In scenarios of concurrent liability in tort and contract, however, it would appear anomalous to award a different level of damages for what is basically the exact same incorrect on the sole basis of the type of action selected, although, of course, certain circumstances or policy could dictate such a course. The significant overlap involving the causes of actopm seems to erode away the traditional distinctions among tort and contract when reasonable care” duties are concerned. Whereas, in tort the date of … Read the rest >>>

Earlier this year, the UK Court of Appeal was known as on to take into account an crucial query dealing with concurrent liability in contract and tort. In this scenario, like the initially, there is little point to suing in tort mainly because the tort duty (and consequently any tort liability) is restricted by the specific limitation agreed upon by the parties (BG Checo, para 18). The impact for a prospective claimant is that they could have more achievement in bringing a claim in tort than they would in contract if it is unclear regardless of whether the parties had viewed as a potential outcome. Following a construction error or the wrongful assistance, there are two prospective avenues for pursuing a breach of contract claim.

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 particularly state that liability for negligence is excluded, then liability for negligence is not excluded. The second doable result in of action in contract is breach of a term implied by statute, namely section 13 of the Supply of Goods and Solutions Act 1982. This indicates not giving the plaintiff compensation for any losses not related to the misrepresentation, but resulting from such aspects as the plaintiff’s personal poor functionality, or market or other forces that are a normal part of small business transactions.

A pre-contractual misrepresentation will lead to concurrent liability where a given … Read the rest >>>