Cases - Forsikringsaktieselskapet Vesta v Butcher
Record details
- Name
- Forsikringsaktieselskapet Vesta v Butcher
- Date
- [1986]
- Citation
- 2 AII ER 488
- Legislation
- Keywords
- Negligence in valuations and surveys
- Summary
-
In an action between an insurance company and brokers, it was held that the statutory defence of contributory negligence cannot be used in an action for breach of a strict contractual duty (that is, one where liability is independent of negligence). Nor is it available in an action for breach of a contractual duty of care between parties whose relationship is such that no concurrent duty would arise in tort. However, the defence can be raised in an action for breach of a contractual duty of care where there is a concurrent duty in tort. The effect of this is that the defence will almost always be the available in an action for professional negligence.