law of tort

[amaaboa]

Tyrant Industries plc decides to install a light railway to transport raw materials and finished goods between its factory premises and a railway station three miles away. They reached an agreement with Farmer Fred that for part of the distance they would utilize disused tracks which ran on an embankment across Fred's land. The local authority gave planning permission on condition inter alia that the embankment would be suitably landscaped and that the landscaping scheme would be approved by the Foliage Consultancy Council, a body established by the government to advice on certain environmental protection policies. Tyrant Industries contracted with Sleepers plc to carry out the main construction work. The contract permitted Tyrant Industries to nominate sub-contractors to carry out parts of the work and provided that the sleepers would not be liable for the neglect or willful default of sub- contractors. Tyrant Industries nominated Greenmadness Ltd as sub-contractors for the landscaping work. Greenmadness Ltd submitted a scheme which was approved by the Foliage Consultancy Council. The work was carried out in 1988. Tyrant industries also contracted with Cleaner Ltd that Cleaners would maintain the tracks for a period of five years for a fixed annual sum.
As a result of the dry summer of 1989 and the ensuring mild winter the trees chosen by Grenmadness grew very rapidly and proved to be unsuitable for the embankment, which has become weakened. It poses no danger in itself but is at present insufficiently strong to carry trains. Tyrant industries have had to purchase a fleet of heavy lorries to transport goods and have to meet the much higher transport costs involves. Because the tracks are not in use, the maintenance work is much more complex and Cleaners Ltd that their contract has become more onerous.
Advice Tyrant Industries and Cleaners Ltd whether they have any claims in tort.

[marie26]

a tort is an act where someone is injured. this dispute may need to be addressed by different process

[dzug]

I'd want a hefty fee for that sort of advice.

Try reading and understanding your textbook and applying the knowledge thus gained.