MW High Tech Projects UK Ltd v Haase Environmental Consulting GmbH [2015]
April 2015Consultant may be liable for non-negligent breach of strict obligations in an appointment notwithstanding that they are subject to an over-arching obligation to use “reasonable skill and care”
In this case, the court had to consider the terms of an appointment which required the consultant to use reasonable skill and care on the one hand, and to carry out its design in compliance with an output specification and a delivery plan (akin to a fitness for purpose obligation) on the other hand.
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