Unless a contract states otherwise, an engineer performing duties under contract is still held to the identical common of care anticipated of an engineer in tort. In scenarios of concurrent liability in tort and contract, on the other hand, it would seem anomalous to award a distinct level of damages for what is essentially the identical incorrect on the sole basis of the kind of action selected, though, of course, certain situations or policy may well dictate such a course. The significant overlap amongst the causes of actopm seems to erode away the regular distinctions among tort and contract when reasonable care” duties are concerned. Whereas, in tort the date of accrual is the date of damage, or the date when the claimant suffered harm for relying on the details provided.
The crucial importance of this further criterion can clearly be observed when one particular considers that even if the specific identity or class of potential plaintiffs is known to a defendant, use of the defendant’s statement for a objective or transaction other than that for which it was prepared could nonetheless lead to indeterminate liability. The second relationship is a single in which the contract stipulates a decrease duty than that which would be imposed by the law of tort.
Plainly stated, adding further specifications to the duty of care test delivers a implies by which policy issues that are extrinsic to uncomplicated justice – but that are, nevertheless, fundamentally essential – may well be taken into account in … Read the rest >>>