I see no explanation in principle why the exact same strategy ought to not be taken in the present case. The question was whether a contractor, having entered into a contract with its employer, could owe a duty of care in tort not to trigger economic loss and as a result be liable to the employer for a longer limitation period At the time of Murphy v Brentwood, most individuals would almost certainly have answered no” to the question and (save for personal injury or damage to other home) it seemed the law of tort was dead as regards building contracts.

In BG Checo, the Supreme Court of Canada explained the simple rule governing concurrent liability, by saying that where a given wrong prima facie supports an action in contract and in tort, the celebration may sue in either or both, except exactly where the contract indicates that the parties … Read the rest >>>

Lord Justice Jackson has referred to as on the government to generate a single core limitation regime” for all claims in contract and tort, as advisable by the Law Commission. A contract may well expressly specify a duty which can give rise to a separate and actionable breach of contract. The initial and foremost question really should be regardless of whether there is a specific contractual duty designed by an express term of the contract which is co-extensive with the frequent law duty of care which the representee alleges the representor has breached. Hence, whether the complete agreement clause excludes Intrawest from liability for negligent misrepresentation is not very easily answered. By contrast, tortious claims permit all losses to be recovered which are reasonably foreseeable at the time the tort occurred.

In Henderson v. Merrett , Lord Goff laid down the present English position on concurrent liability, by holding that … Read the rest >>>