Jersey Judgment

Stanton v Mourant [1994] JLR 82 (04 March 1994)

Contract Law Tort Law Cause of Action Duty of Care Contract Vs Tort

Citation: [1994] JLR 82
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Judgment

More details

Posture: Civil / Judgment

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Professional case brief

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Source document

Holding and result

When a claim is brought in contract, the existence or non-existence of a duty of care in tort does not affect the cause of action.

Court disposition

Claim in contract proceeds without reference to tortious duty of care.

Material facts

Parties

Stanton

Applicant

Mourant

Respondent

Procedural history

Posture

Civil / Judgment

Questions and positions

Legal issues

Whether the existence of a duty of care in tort is relevant when the action is brought in contract

Party arguments

Applicant: The applicant contends that a duty of care in tort is relevant to the cause of action.
Respondent: The respondent argues that if the action is brought in contract, the existence of a duty of care in tort is irrelevant.

Court’s reasoning

Legal principles

01
Stanton v Mourant [1994] JLR 82

If an action is brought in contract, the existence of a duty of care in tort is irrelevant to the cause of action.

Ratio, limits and disposition

Ratio decidendi

When a claim is brought in contract, the existence or non-existence of a duty of care in tort does not affect the cause of action.

Court disposition

Claim in contract proceeds without reference to tortious duty of care.

Source and reliance status

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Source document

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Judgment text

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Source document

Court record

Judgment

[1994] JLR 82

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Stanton v Mourant [1994] JLR 82

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