Angelo Caradonna and Alessio Vella entered into a small business venture and with each other opened a joint bank account taking possession of shares of 3 properties. Importantly, a offered pre-contractual misrepresentation may, but not need to, give rise to liability in each tort and contract (Economic Negligence, 5th Edition, by Bruce Feldthusen, pg 87) (Feldthusen”). Contract: the plaintiff is to be put in the position it would have been in had the contract been performed as agreed. As we see it, the correct to sue in tort is not taken away by the contract in such a case, while the contract, by limiting the scope of the tort duty or waiving the appropriate to sue in tort, may possibly limit or negate tort liability.

In this situation, like the very first, there is tiny point to suing in tort because the tort duty (and consequently any tort liability) is … Read the rest >>>

Concurrent liability The term concurrent liability is applied to describe the predicament exactly where the parties have a contractual and tortious liability. 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 could be sued upon. If so, absent any overriding considerations arising from the context in which the transaction occurred, the plaintiff can’t bring a concurrent action in tort for negligent misrepresentation and is confined to whatever treatments are offered below the law of contract. The rule is not that 1 can not sue concurrently in contract and tort exactly where the contract limits or contradicts the tort duty.

Suppose a claimant pursues a claim against a solicitor, in the contract the parties specify that the solicitor should verify if any … Read the rest >>>