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 … Read the rest >>>