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Law Cases
Contract Law Cases
Damages Cases

Barclays Bank Ltd v Fairclough Building Ltd [1994] 3 WLR 1057

Country:
United Kingdom
By Oxbridge Law Team
Bedlam LJ

  • Plaintiff had allowed asbestos to permeate its roof and hired Defendant to remove it, using a high-quality roof specialist.

  • Defendant breached the contract and caused asbestos dust to seep through the building and Plaintiff claimed damages. Defendant claimed contributory negligence.

  • CA held that where the breach has come from strict contractual breach (where there is no tortious duty of reasonable care, as here) then contributory negligence doesn’t apply.

Bedlam LJ

  • The three categories are:

    1. Where a contractual and tortious duty co-exist, contributory negligence DOES apply;

    2. Where a contract stipulates a duty to take reasonable care, which would not exist but for the contract, it DOESN’T apply;

    3. Where the duty is strictly contractual (i.e. no reasonable care requirement) it DOESN’T apply.

  • This fits into scenario 3. 

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