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Whither Remoteness? Wellesley Partners LLP v Withers LLP

Taylor, A; (2016) Whither Remoteness? Wellesley Partners LLP v Withers LLP. The Modern Law Review , 79 (4) pp. 678-690. 10.1111/1468-2230.12205. Green open access

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Abstract

In Wellesley v Withers, the Court of Appeal held that where a defendant is concurrently liable in tort and contract, the contractual rules for the remoteness of loss must apply. Two principal reasons emerge from the judgments. The first, that each party has had the chance to alert the other to unusual risks, is valid but often unconvincing. The second is more original and compelling: that the nature of any responsibility assumed in tort is distinct from, but wholly defined by, the valid contract. This note seeks to develop that argument. It then addresses the uncertain issue of concurrent liability in equity. It suggests that in a case in which any fiduciary duties arise out of, and are defined by, a valid contract, it may now be appropriate to apply the contractual remoteness rules to a concurrent claim for breach of contract and equitable compensation.

Type: Article
Title: Whither Remoteness? Wellesley Partners LLP v Withers LLP
Open access status: An open access version is available from UCL Discovery
DOI: 10.1111/1468-2230.12205
Publisher version: http://dx.doi.org/10.1111/1468-2230.12205
Language: English
Additional information: Copyright © 2016 The Author. The Modern Law Review © 2016 The Modern Law Review Limited. This is the peer reviewed version of the following article: Taylor, A. (2016), Whither Remoteness? Wellesley Partners LLP v Withers LLP. The Modern Law Review, 79: 678–690. doi: 10.1111/1468-2230.12205, which has been published in final form at http://dx.doi.org/10.1111/1468-2230.12205. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving.
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1526802
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