Tennant Radiant Heat Ltd v Warrington DC
Tennant Radiant Heat Ltd v Warrington DC
- 1988
- Estates Gazette (8811) 19 March 1988, 71-79(4) .
CA 16 December 1987 Appeal by the landlords (W) against a ChD decision upholding the tenant`s (T) claim for damages and dismissing W`s counterclaim. T`s goods stored in a warehouse had been damaged by water flood ing through the roof and he claimed that this was caused by W`s negligence . W counterclaimed damages for breach of T`s repairing covenant . CA held, allowing both claim and counterclaim, that the T was in breach of repairing covenant and W guilty of negligence. With regard to the apportionment of liability ,the Law Reform (Contributory Negligence) Act 1945 did not apply because it did not apply to claims in contract. In the present case W`s counterclaim was a claim in contract, their alternative claims in nuisance and negligence having been rejected. The problem was causation and apportionment on that basis was permissable. The court on a broad assessment apportioned 90% liability to W and 10% to T.
BUSINESS TENANCIES
CA 16 December 1987 Appeal by the landlords (W) against a ChD decision upholding the tenant`s (T) claim for damages and dismissing W`s counterclaim. T`s goods stored in a warehouse had been damaged by water flood ing through the roof and he claimed that this was caused by W`s negligence . W counterclaimed damages for breach of T`s repairing covenant . CA held, allowing both claim and counterclaim, that the T was in breach of repairing covenant and W guilty of negligence. With regard to the apportionment of liability ,the Law Reform (Contributory Negligence) Act 1945 did not apply because it did not apply to claims in contract. In the present case W`s counterclaim was a claim in contract, their alternative claims in nuisance and negligence having been rejected. The problem was causation and apportionment on that basis was permissable. The court on a broad assessment apportioned 90% liability to W and 10% to T.
BUSINESS TENANCIES