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Tort Liability for Contractual Liability

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The Armstead ruling relaxes controls on tort liability by recognizing contractual liabilities as non-remote damage.
Contractual liabilities must represent a reasonable pre-estimate of loss to be considered non-remote in tort cases.
The onus of proof regarding remoteness is shifted to defendants, creating a discrepancy between tort and contract.
This analysis reveals potential conflicts with established principles regarding claimant's loss and remoteness.

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This article analyzes tort liability changes from the Armstead decision, highlighting impacts on property damage and burden of proof.

Goudkamp et al. (2025) studied this question.

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