Concurrent liability in tort and contract

One of the most important questions involving professional liability is the extent to which a contractual client alleging lack of care and skill is able to sue in the tort of negligence besides any action for breach of the contract itself. In recent years this notion of concurrent liability seems to have gained almost universal acceptance among the English judiciary. However, as the following discussion will show, there is increasing evidence of dissatisfaction with the imposition of such a dual burden. This paper considers the policy arguments for and against concurrent liability, explains the significance of the issue in relation to limitation periods, measure of damages and contributory liability, and assesses the impact of the most recent cases upon the professional's position.