Concurrent Liability in Tort and Contract

Question 1

BG Checo International Ltd v British Columbia Hydro & Power Authority, 1993
(Liable in Both Contract and Tort Law/Superiority of Contract Law Over Tort Liability)

Answer 1

• A plaintiff is allowed to sue in both tort and contract – different remedies should be allowed since law should allow wronged parties to recover in any way possible. You are not eligible for x2 recovery though.
• However, very often tort liability is excluded by the contract – private ordering of liability (contracting away tort through an exclusion clause).
  
  • Exclusion clauses are obviously binding, but they can also be invalidated through a test seen later in the semester.