Version 1.0, August 31, 2001, Copyright, Hugh Jack 1993-2001
· We can consider the benefits of being sued for a contract, consider the case of a damage arising from a contract that is covered by a limitation period.
· Normally a contractual obligation negates a tort [Schewebel v. Telekes] but it is possible for an engineer to be held liable for damages in both contract and tort law [Halvarson Inc. v. Robert McLellan & Co. et. al.] [Dominion Chain Co. Ltd. v. Eastern Construction Co. Ltd. et. al.] [City of Kamloops vs. Nielsen et. al.] Other cases go against this trend. [Sealand of the Pacific Ltd. v. R.C. McHaffie Ltd. et. al.]
· A tort can generally be brought when it is outside of the duties described in the contract. [J. Nunes Diamonds Ltd. v. Electric Protection Co.]