The court held in Forsikringsaktieselskapet Vesta v Butcher that contributory negligence can operate as a defence [...], but not in the first (Where the defendant's liability arises from a breach of a strict contractual duty) or second (Where the defendant's liability arises from a contractual obligation which is expressed in terms of taking care (or its equivalent), but does not correspond to a common law duty to take care which would exist in the given case independent of contract). The Law Commission has recommended (in 1993) that contributory negligence be available as a defence in category two as well as three (but not in category one).
Answer
in the third category (Where the defendant's liability in contract is the same as his liability in the tort of negligence which arises independently of the contract)
Tags
#contract #law #remedies
Question
The court held in Forsikringsaktieselskapet Vesta v Butcher that contributory negligence can operate as a defence [...], but not in the first (Where the defendant's liability arises from a breach of a strict contractual duty) or second (Where the defendant's liability arises from a contractual obligation which is expressed in terms of taking care (or its equivalent), but does not correspond to a common law duty to take care which would exist in the given case independent of contract). The Law Commission has recommended (in 1993) that contributory negligence be available as a defence in category two as well as three (but not in category one).
Answer
?
Tags
#contract #law #remedies
Question
The court held in Forsikringsaktieselskapet Vesta v Butcher that contributory negligence can operate as a defence [...], but not in the first (Where the defendant's liability arises from a breach of a strict contractual duty) or second (Where the defendant's liability arises from a contractual obligation which is expressed in terms of taking care (or its equivalent), but does not correspond to a common law duty to take care which would exist in the given case independent of contract). The Law Commission has recommended (in 1993) that contributory negligence be available as a defence in category two as well as three (but not in category one).
Answer
in the third category (Where the defendant's liability in contract is the same as his liability in the tort of negligence which arises independently of the contract)
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Open it The court held in Forsikringsaktieselskapet Vesta v Butcher that contributory negligence can operate as a defence in the third category (Where the defendant's liability in contract is the same as his liability in the tort of negligence which arises independently of the contract), but not in the first (Where the defendant's liability arises from a breach of a strict contractual duty) or second (Where the defendant's liability arises from a contractual obligation
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