Aaron Taylor has recently had his article ‘Concurrent Duties’ (2019) 82(1) MLR 17 published in the latest edition of the Modern Law Review. The abstract is as follows:
“This paper offers an account of concurrent liability, and in particular the existence of, and interaction between, concurrent contractual and non-contractual duties. It argues for five essential propositions: (1) a defendant can owe simultaneous private law duties towards a claimant, the content of which overlaps in whole or in part; (2) cases of concurrent liability in contract and negligence involve independent duties, which are concurrent but not coextensive; (3) the doctrine of concurrent liability is conceptually distinct from the rule that the claimant must elect between inconsistent remedies; (4) if the defendant commits a wrong in breach of more than one duty, the claimant has a prima facie choice to sue for any of those breaches; and (5) the content of one any duty might affect the content of the other. The last of these principles, it is argued, provides an explanation for the recent decisions in Wellesley Partners v Withers and AIB v Mark Redler.”
The article can be found (access required) at: https://onlinelibrary.wiley.com/doi/pdf/10.1111/1468-2230.12387. Please contact Reiss Nott (firstname.lastname@example.org) or Chloe Gibbs (email@example.com) if you would like a copy of the article.