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 concerned with the source of these duties.
Rationale for concurrence
In Henderson v Merrett Syndicates Ltd., the Alberta Court of Appeal considered the question of concurrent liability for negligence in contract and tort. The court considered several issues, including the difference between tort and contract claims and their different time limits. The rationale for concurrent liability in tort is more complex, but in general, it seems that concurrent liability is the right solution. This article will briefly discuss some of the key issues involved.
The first point to consider is whether concurrent liability applies to pre-contractual misrepresentation. Under certain circumstances, parties can be liable for negligent misrepresentations even before they enter into a contract. The timing of the misrepresentation is important for the analysis. A plaintiff seeking a delay in the limitation period would bring a tort action. This case illustrates the complexities of concurrent liability in tort and contract actions.
Scope of concurrent liability in tort
In the context of contract law, a case called Hedley Byrne can determine whether a party is responsible for a misrepresentation made before a contract is made. This case is important because it clarifies that a negligent misrepresentation can trigger concurrent liability in both the tort and contract context. The underlying issue is the timing of the misrepresentation. A plaintiff who believes a pre-contractual misrepresentation is negligent may wish to pursue a separate contract action.
To decide whether a person has concurrent liability under law, a court must examine whether the conduct was motivated by intent. While concurrent liability may seem to be more problematic, it is accepted in other countries. For example, in Germany, where tortious liability is the default rule, the rule is narrower. In France, there is no such limitation. But the non-cumul rule has merits too. The latter may be more useful in certain situations.
Limitations agreed to by contract
The concept of concurrent liability between tort and contract has become commonplace in modern litigation. The concept arises from the fact that a duty of care can be actionable in tort if the parties engaged in a contractual professional relationship. This is a common application of the rule of limitations in contract law, but the distinction between contract and tort liability is not always clear. Here are a few common examples.
The principle behind concurrent liability is the same whether a party is sued under contract law or in tort. The parties must have agreed to a limit on the extent of the liability in each. However, the contractual limits may not apply to the independent torts. This is especially true if the defendants were different and each one had some degree of negligence. Nonetheless, concurrent liability is useful for the defendant in cases where one party was negligent in another.
