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

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

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.

Citation
[1994] JLR 82
Parties
Applicant: Stanton; Respondent: Mourant
Jurisdiction
Jersey
Judgment Date
04 March 1994
Procedural Posture
Civil / Judgment
Outcome
Claim in contract proceeds without reference to tortious duty of care.
Legal Topics
Cause of Action, Duty of Care, Contract Vs Tort
Contract Law Tort Law Cause of Action Duty of Care Contract Vs Tort

Case Brief

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Parties

Stanton

Applicant

Mourant

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the existence of a duty of care in tort is relevant when the action is brought in contract

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.