All Posts in "Concurrent Liability"

Concurrent LiabilityThis is an outline of how to answer a Vicarious liability form dilemma question in an exam. Iacobucci J. concludes that a contract among the parties may preclude the possibility of suing in tort for a provided wrong where there is an express term in the contract dealing with the matter. In effect, outdoors of negligent misstatement a claim in contract can be considerably wider and facilitates a broader claim of damages. At trial the plaintiff relied mostly on fraudulent misrepresentation, with its claim in contract being in the alternative to the claim in tort.

It is only to the extent that this private ordering contradicts the tort duty that the tort duty is diminished … In so far as the tort duty is not contradicted by the contract, it remains intact and may well be sued upon. If so, absent any overriding considerations arising from the context in which … Read the rest >>>

Joshua Brown by — June 11, 2015 in Concurrent Liability

Concurrent LiabilityThe frequently subtle but important variations in the application of tortious principles in the UK and Ireland has been the touched upon in several learned papers delivered in the CBA (see Here ). A single challenge arising in the proceedings was regardless of whether Wellesley could claim for its inability to expand into the USA and win a lucrative contract as a result of a deterioration in its economic position said to have arisen due to the mis-drafted partnership agreement. The court stated that the guidelines for recoverability of damage in tortious claims, which in in some regards are broader than in contract, are to be restricted to the contractual position when concurrent liability is brought into pleadings.

The principles of concurrency, as expressed in BG Checo, assistance the entitlement of a plaintiff to select either, or each, contract and tort treatments. If the contract duty is lesser than the … Read the rest >>>

Joshua Brown by — May 27, 2015 in Concurrent Liability

Concurrent LiabilityTraditional contract and tort claims exist mutually exclusively as distinct and separate actions. When thinking of the impact of the subsequent contract on the representee’s tort action, anything revolves around the nature of the contractual obligations assumed by the parties and the nature of the alleged negligent misrepresentation. It is rather that the tort duty, a common duty imputed by the law in all the relevant circumstances, need to yield to the parties’ superior correct to arrange their rights and duties in a diverse way. The third relationship is a single in which the duty in contract and the duty in tort are co-extensive.

While indeterminate liability would have raised some concern to the Lords had the plaintiff not been known to the defendants or had the credit reference been used for a goal or transaction other than that for which it was in fact ready, no such troubles about … Read the rest >>>

Joshua Brown by — May 25, 2015 in Concurrent Liability
Accepted Medical Practice, Communication With Patients, Courts And Legal Proceedings, Hospitals

In Wellesley Partners LLP v Withers LLP 2015 EWCA Civ 1146, a solicitors’ negligence case, the Court of Appeal considered, for the initially time, what rule of remoteness of damage applies in situations where there is concurrent liability in contract and in tort. Certainly, whilst the criteria of reasonable foreseeability and affordable reliance serve to distinguish cases exactly where a prima facie duty is owed from those where it is not, it is nevertheless true that in particular sorts of scenarios these criteria can, very quickly, be happy and absent some indicates by which to circumscribe the ambit of the duty, the prospect of limitless liability will loom.

Additional lately, the courts have in a quantity of cases restricted the ability of parties to rely on concurrent tortious duties in establishing a claim, especially in construction disputes. Remoteness in contract is governed by the decision in Hadley v Baxendale (1854) 9 Ex 341 which … Read the rest >>>

Joshua Brown by — May 10, 2015 in Concurrent Liability