Can facts establish a breach of contract and arise from carelessness in the performance of the contract?
Alberta, Canada
The following excerpt is from Canadian Western Natural Gas Company Limited v. Pathfinder Surveys Ltd., 1980 ABCA 34 (CanLII):
The question being considered is whether facts, which establish a breach of contract and arise from carelessness in the performance of a contract, may be held to constitute a breach of the common law duty of care set out in Donaghue v. Stevenson and give rise to an action in tort between the parties to the contract.
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