US-UK: Strains on a special relationship - BBC News
The United States of America is unique in that it is comprised of a federal district and fifty states. ). U.S. tort law has its origin in the British common law system. or marketing of products sold; and (4) one's relationship to the tortfeasor. 1. The UK and the US are said to have a very close relationship, but that hasn't stopped tensions arising between the two countries, says Gavin. “Concerns over 'special relationship' allayed as Trump calls May,” Time magazine reassured US readers that “Donald Trump and Britain's.
Donald Trump and Theresa May meet at White House "The British danger is that you are seen not to have had any serious influence, that you are seen to have been the poodle rather than the candid friend on an equal footing," said Dalton, a former UK ambassador to Iran and Libya, speaking to Al Jazeera. They agreed on almost everything, and even completed each other's thoughts … On the world stage, she was mostly the good cop to Reagan's bad, though sometimes they switched places.
It began as a Churchill public relations exercise, said Scott Lucas, as the UK statesman tried to "whip up American support for the British position over Europe and therefore over the Soviet Union" in a tour that saw the cigar-chomping Briton deliver his "Iron Curtain" speech. That doesn't mean that at certain points you don't get people who embrace that as being a reality, or at least grasp that relationship as certainly having a priority.
While the prime ministerial-presidential relationships of Macmillan and John F Kennedy - when images of a young JFK and an older Macmillan gave the appearance of the former being the latter's protege - and Thatcher and Reagan, when both railed against the political ideals of the Soviet Union, fed the notion of the "special relationship", the lopsided status of both nations has been apparent from the time Britain began giving way to the US as the world's global superpower in the post-war era.
And it is the uneven nature of Britain's relationship with the US - and the fact that America has, in the likes of Canada and Japanother crucial international partnerships - that has, for the term's detractors, made it almost redundant in meaning. Yet, with historical institutional ties of the military and intelligence variety dating back to World War II, the UK-US alliance is a relationship worthy of a name, said Dalton.
The image of May and Trump briefly holding hands as they strolled through the White House grounds together invited scorn upon the UK prime minister. And the widely signed British petition against Trump making an official state visit to Britain, together with the announcement by House of Commons Speaker, John Bercow, outlining his opposition to the US president addressing Westminster have also combined to put the Anglo-American alliance on shaky ground.
So, what does the future hold for May's Britain as she attempts to place her own stamp on what the British government continues to deem the "special relationship"? Under section 76 2 damages may also be awarded for innocent misrepresentation but only in cases where recission is not a fitting remedy.
There can be no damages for breach if the breach did not cause the loss, whether this is loss of profits or loss of expenditure. For example, in Galoo Ltd. It did not actually cause those losses. Where there are a number of possible causes then the test in tort is not dissimilar to that in contract, namely whether the breach of the duty of care materially contributed to the loss or injury.
Causation, whether in tort or contract, involves taking account of recognised legal principles, but is also a question of fact.
The related principles are: Recoverable Loss In both contract and tort distinctions are made between different types of loss, for example, physical injury or damage, loss of profit, and direct consequential economic loss. Recoverable loss is that which the law admits through the imposition of liability on the offending party. There is therefore, a close relationship between the legal construction of liability and recoverable loss.
Such legal construction may be influenced by policy consideration, fear of opening a floodgate to claims, and considerations of loss-spreading or risk-allocation. Economic Loss In both tort and contract a claim may be made for economic loss. In both, different tests may be applied not only to consequential economic loss and loss of profit, but also differences are made between loss arising from conduct and that arising from professional advice.
In the law of tort, the decision in the case of Hedley Byrne v Heller, developed from general principles deriving from Donoghue v Stevenson.
Hedley Byrne marked the recognition of liability for economic loss where there was no contract, but a special relationship between the provider of information and the person relying on that information.
The assumption of responsibility by a professional or quasi-professional provider of services gave rise to a duty of care and skill in the exercise of the professional function.
In subsequent cases it was established that the relationship did not have to be gratuitous, the principles could be applied in contractual as well as non-contractual situations, and to quasi-professional as well as professional service providers.
Thus Hedley Byrne was applied to solicitors surveyors and valuers,  accountants  and insurance brokers. Once economic loss has been established under the principles of Hedley Byrne it would seem that there is no need to apply the further tests for duty of care as set out in Caparo v Dickman,  namely whether it is fair just and reasonable to find a duty of care or whether there are any policy reasons for not holding the defendants liable.
Here liability for the loss may be avoided as a result of it being harder to establish the duty of care under the rules of Murphy v Brentwood District Council. Even where the local authority had been negligent in ensuring that the building complied with required standards, they would not be liable to the owner or occupier for the cost of remedying the defect.
However, the Murphy approach has not been followed elsewhere in the common law world,56 with the consequence that the impact of Murphy restricting liability for negligently caused economic loss has been considerably less in those jurisdictions where liability stems from the precedent of Anns v Merton London Borough Council. It was held that the duty of care owed by builders lay in contract and tort and the case was decided on the principles of both Anns and Dutton v Bognor Regis UDC.
Non-pecuniary Loss Claims for non-pecuniary loss, such as distress or mental suffering were traditionally brought in tort, where they would succeed provided a duty of care and breach thereof could be established. Recovery for this type of loss was not normally regarded as recoverable in contract. However, this distinction is not as marked as it once appeared to be. While these cases may be restricted to their facts, or the type of contract involved, if the test for harm is foreseeability there is no good reason why such a claim should not succeed in tort or contract as long as the harm is not too remote and the causation element is satisfied.
Recent cases support the view that the gap is narrowing. Where the contract is one with the main object of providing comfort, pleasure, or relief from discomfort the courts have been willing to award damages in contract for non-pecuniary loss.
An obvious example is a contract for a holiday and in Jarvis v Swan Tours Ltd  the English Court of Appeal awarded general damages for disappointment suffered when a holiday did not live up to the promised standard. In Jackson v Horizon Holidays Ltd  the court went further than this and allowed the plaintiff to recover, not only for his own discomfort and distress, but also for that of his wife and children, when their holiday was ruined by reason of the breach.
In the South Pacific, courts appear to take a less rigid view as to the type of damages that can be awarded. There are cases where damages have been awarded for anxiety and ill-health caused by breach of contract in the form of wrongful dismissal, for example, the Samoan case of Matatumua v Public Service Commission.
The Recognition of Concurrent Claims in Contract and Tort Until the latter part of this century there was little consideration of concurrent liability in contract and tort. Although the claim failed on the facts, the court recognised in principle that there could be a claim in tort even where there was a contractual remedy available.With Friends like these - British and American Special Relationship
This was followed by Esso Petroleum v Marden,  in which Lord Denning MR held that negligence in pre-contractual statements could also attract liability on the grounds that: In English law this trend continued. Ltd v Hett Stubbs and Kemp a firm. The final decade of the s has seen general acceptance of concurrent claims in tort and contract where the facts of the case justify the protection of economic interests by finding duties in tort and contract.
The leading case in this development was Henderson v Merrett Syndicates Ltd,  where it was held that where there is an assumption of responsibility and reliance on professional or quasi-professional services there is a tortious duty of care irrespective of a simultaneous contractual relationship.
Where the duty of care is breached the plaintiff has a choice to sue in contract or tort. The general rule will be that the plaintiff can sue in tort unless he or she has contracted out of tortious liability.
In Midland Bank Trust Co. Recognition that there may be concurrent claims in tort and contract in certain situations moves the legal focus from the formation of the relationship to the consequences of the relationship when things go wrong. Once there is a relationship between the parties its origins become less significant. For example, in the case of Henderson v Merrett Syndicates Ltd78 it was suggested that where there is a contract or a case equivalent to a contract79 an objective test can be applied when asking the question whether responsibility should be held to have been assumed by the defendant to the plaintiff.
Evidence of a contract may facilitate such a finding but is not essential.
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Instead the court preferred to concentrate on the simple issue of whether the defendant had unjustly enriched. The flexible attitude advocated in that case appears to be echoed in other parts of the region. In spite of the existence of a contract of carriage between the parties, the plaintiff was permitted to sue in negligence.
Another example can be seen in Lal and Suva City Council v Chand,  where the plaintiff successfully sued the first defendant, who had built and sold him a house, in contract and tort in respect of the negligent building work.
He was also successful in his claim against the City Council for negligence in failing to ensure that the building work complied with the filed plans.
Continuing differences Despite the emergence of a more flexible approach towards claims, some important differences between contract and tort remain, and these will now be considered. The Purpose of the Award of Damages The basic purpose of damages for breach of contract is to compensate the innocent party for the loss suffered, not to punish the wrongdoer.
This means that plaintiffs can recover gains they have been deprived of by the breach, for example, loss of profits due to failure to deliver machinery. In tort, on the other hand, whilst damages are compensatory, the object is, as far as possible, to put the plaintiff back in the position he or she would have been in had the tort not been committed.
Whilst damages may be awarded for loss of profits, for example, due to damage or destruction to property, loss of particularly lucrative benefits bargained for cannot normally be recovered.
Further, punitive damages may be awarded in tort in the three types of circumstances as set out in Rookes v Barnard. Remoteness of Damage In tort, while consequential economic loss caused by physical damage may be claimed solely on the basis of causation, further economic loss, or loss of profit, can only be claimed it is sufficiently foreseeable and not too remote. Limitation on the extent of the claim may be argued in terms of duty of care or forseeability.
Forseeability and proximity remain the generally accepted tests for recoverable loss in tort in the South pacific region.
Tort Law in the United States
Or, were the losses, even if unusual, within the contemplation of the parties at the time of the breach? In this latter case, if the reasonable man, knowing what the defendant knew or ought to have known in the circumstances, would have had such losses in contemplation then they will not be too remote, even if the likelihood of them occurring was limited. Restrictions on liability for loss in contract are formulated slightly differently, although there are some similar features, particularly if one takes into account the arguments expressed by Lord Denning.
As pointed out by Asquith LJ in Victoria Laundry Windsor Ltd v Newman Industries Ltd,  if the plaintiff were to be compensated for all loss flowing from a breach of contract then liability might be indeterminate. Liability rests, therefore on actual and imputed knowledge at the time the contract was made.
Both tests include an objective assessment: The distinction between the tests applied in tort and contract to limit liability has, however, been criticised, notably by Scarman LJ in the case of H. The test in tort is also one of remoteness for loss caused through negligence, as formulated in Overseas Tankship UK Ltd.
Ltd the Wagonmound No. However the language used by the judges varied from judgment to judgment and no clear principles emerge from the case as to how varying degrees of probability are to be assessed, a point commented upon by Lord Denning in the case if H. In tort, the standard of forseeability is that of the reasonable man. In contract, the imputed contemplation is judged by the standard of the reasonable man.
In both cases, this objective assessment may be modified by the particular ability of the defendant to foresee or contemplate the type of loss in the circumstances. In tort, the test takes the reasonable man in the circumstances pertaining at the time the tort occurs. In contract, the circumstances are those within the contemplation of the parties at the time the contract was made.
Whether this test is fundamentally different is debatable. This approach echoes an earlier one. Lord Denning MR in Esso Petroleum v Marden98 suggested that where the defendant was found to owe a duty of care, whether under a contract or not, and was liable for damages as a result of breach of that duty: Similarly, in the case of Beoco Ltd. When considering the extent of the harm there appears to be little distinction between tort and contract.
If the harm is not too remote then the extent of it does not have to be foreseen so long as it is of a type which could have been foreseen. This has been established for some time in tort.
With economic loss, however, liability was limited to loss which at the time of the contract could reasonably have been contemplated by the defendant. Indeed, Lord Scarman went on to say that: However, if the type or class of loss is not foreseeable then the loss may be too remote.
Sweet potatoes, Donald Trump – and the Special Relationship
This was illustrated in the case of Kpohraror v Woolwich Building Society. It was unclear whether the building society had been aware that the plaintiff was a trader. The fact was important in as much as traders have traditionally been entitled to sue for substantial — rather than nominal — damages where their credit-worthiness has been damaged. The Court approved the view that a claim for substantial damages need no longer be limited to traders. Evans LJ went on to suggest that the claim for special damages in such cases was analogous to a claim for damage to business reputation in tort.
This suggests that the approach should, therefore, be one based on common sense, regardless of how the claim was framed. Here the claim failed because the harm complained of had been too remote. Apportionment At common law, contributory negligence barred an action in negligence. This position has been changed in many common law countries, by legislation introducing apportionment.
The defendant was held liable in negligence for allowing the deceased to travel on the tractor, which was not constructed for passengers.
This proposition was first considered in the case of Sayers v Harlow Urban District Council,  where the cause of action was brought in contract and tort and apportionment allowed. It was also considered in the case of Forsikringsaktieselskapet Vesta v Butcher.
The application of the Act to concurrent claims has also received academic support from the English legal author, Glanville Williams. In Barclays Bank Plc v Fairclough Building Ltd,  for example, the court confirmed that the Act could be applied where liability for breach was the same as and co-extensive with a similar liability in tort, independently of the existence of the contract.
In this case, this could not apply, as the claim was one of a breach of strict contractual liability. Here, solicitors claimed damages in negligence and in contract against a firm of auditors. Brabin J had no difficulty in holding that apportionment applied.