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Contract/tort Case Q!

  • 22-08-2011 9:08am
    #1
    Arsenal1986
    Registered Users, Registered Users 2 Posts: 654 ✭✭✭


    Hey guys Quick Q - Anyone familiar/have heard of a case where UK court said if one is suing for a brech of contract and are successful you then don't/can't have a seperate action for breach of duty of care/negligence?


Comments

  • #2
    jblack
    Registered Users, Registered Users 2 Posts: 476 ✭✭jblack


    Arsenal1986 wrote: »
    Hey guys Quick Q - Anyone familiar/have heard of a case where UK court said if one is suing for a brech of contract and are successful you then don't/can't have a seperate action for breach of duty of care/negligence?



    Henderson v Merrett 1995 2 AC 145
    - relates to professional negligence
    - despite academic criticism the UK position is that the existence of a contractual relationship does not automatically negate the existence of a tortious duty.
    - a claimant is free to choose the most advantageous grounds on which to bring their claim.

    Not quite what you asked but you would be pleading everything initially anyway.


  • #3
    Arsenal1986
    Registered Users, Registered Users 2 Posts: 654 ✭✭✭Arsenal1986


    Exactly what i wanted, thank a million!


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