THE NEGLIGENT CONTRACT-BREAKER

Abstract

This article reviews the case law addressing the question of whether or not the laws of contract and tort can operate concurrently to determine the remedies for a single act of personal injury where there is a contractual term to take reasonable care. After reviewing the English position allowing for concurrent liability and its similarities to the American position, it illustrates how the Supreme Court of Canada’s decisions cast doubt on the availability of concurrent liability. The author finds this hesitation difficult to understand given that concurrent liability would offer a comprehensive range of the full remedies available.