What is the test for a tortfeasor to force an employer to pay damages for errors and omissions?
Saskatchewan, Canada
The following excerpt is from Sopel v. Renkas, 1983 CanLII 2300 (SKDC):
Denning, L.J. (as he then was), said in Hoenig v. Isaacs, [1952] 2 All E.R. 176, at page 181: Unless the breach does go to the root of the matter, the employer cannot resist payment of the price. He must pay it and bring a cross-claim for the defects and omissions, or, alternatively, set them up in diminution of the price. The measure is the amount which the work is worth less by reason of the defects and omissions, and is usually calculated by the cost of making them good ...
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