1.As A Starting Note, Any Mention Of Concurrent Liability

2007 WordsFeb 14, 20179 Pages
1. As a starting note, any mention of concurrent liability should be assumed to mean concurrently liability in tort and contract. Traditionally the distinction between contract and tort was that contract concerns the improvement of the claimant 's position, whereas tort is concerned with dealing with their position worsening. There has been dispute around concurrent liability and its ambiguity has led to varying decision in cases and statute making as Taylor puts it “the basis of concurrent liability uncertain”. This essay will argue Tort has and is extending itself beyond its traditional role due to judges presumption of morality leading to the unclear concurrent liability we see today. Whilst this concurrent liability shows some…show more content…
3. In analysis, however limitations won’t always be more ‘just’ than contract, for example in cases of a construction or design defect, the limitation period in tort starts, at the latest, at the date of practical completion of contract meaning it will often in such scenarios have the same period of limitation. Furthermore, burden is on the plaintiff to show when time began in personal injuries action in order to decide whether they’re within the limitations period, this also meaning that it could result in the claim in tort also being expired as well as contract. Clearly the point of a concurrence in tort isn’t to then provide what seems at first glance to be a fairer alternative, but rather by providing alternatives in limitations, it is fairer and more adaptable. Thus, it would make sense in cases of overlap of tort of contract to allow this choice as leads to a more effective system that is likelier to consequently satisfy more people, than to attempt to restrict concurrent liability and prevent it. 4. Concurrently liability also allows claimants to achieve the damage that is most appropriate to them. Depending on what you claim in, you have different option for

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