000			01421cab a2200193 4500
001			ABS38930
008			090401t1988 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u13388
041			_aeng
245			_aTennant Radiant Heat Ltd v Warrington DC
260			_c1988
350			_a0
490			_aEstates Gazette _v(8811) 19 March 1988, 71-79(4)
520			_aCA 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.
650			_aBUSINESS TENANCIES
690			_aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942			_n0
948			_c04/03/1997
999			_c8633 _d8633