The case had been remitted to the court to settle the apportionment of damages in a case of breach of contract, rather than in tort. When assessing levels of contribution causation alone is important but not the entire criteria. In cases where both parties would have had to act with due care and skill to avoid the damage, the question is whether a breach was causative, whether alone or as being one of concurrent causes with the other’s negligence, such that but for the concurrence of those causes the damage would not have occurred.
Judge Hicks QC
1996 ORB 750
Applied – Heskell v Continental Express Ltd 1950
The court discussed how a warranty of authority could arise in an agent: ‘An agent who warrants that he has authority need warrant no more than the bare fact. In the absence of special circumstances, he makes no warranty or representation about how . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 April 2022; Ref: scu.135952