Concurrent claims in tort and contract: test for remoteness of damage
In Wellesley, the Court of Appeal held that the contractual test for remoteness applies to claims where there is a concurrent liability in both tort and contract, overturning previous authorities that where there are concurrent claims in tort and contract the claimant is normally permitted to take advantage of the more advantageous rules in tort.
In an article first published by ELA briefing in April 2016, Georgina Hirsch reviews the facts and the decision in the Wellesley case and explores its implications in an employment context.
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