Barclays Bank Ltd v Fairclough Building Ltd [1994] 3 WLR 1057

• Plaintiff had allowed asbestos to permeate its roof and hired Defendant to remove it, using a high-quality roof specialist.

• Defendant breached the contract and caused asbestos dust to seep through the building and Plaintiff claimed damages. Defendant claimed contributory negligence.

• CA held that where the breach has come from strict contractual breach (where there is no tortious duty of reasonable care, as here) then contributory negligence doesn’t apply.

Bedlam LJ

• The three categories are:

  1. Where a contractual and tortious duty co-exist, contributory negligence DOES apply;

  2. Where a contract stipulates a duty to take reasonable care, which would not exist but for the contract, it DOESN’T apply;

  3. Where the duty is strictly contractual (i.e. no reasonable care requirement) it DOESN’T apply.

• This fits into scenario 3.