Application of pt 1A of the Civil Liability Act 2002 (WA) to Contract and Other Claims

This comment concerns the scope of application of pt 1A of the CLA, which concerns ‘liability for harm caused by the fault of a person’. This is the Part which contains the key provisions regarding duty of care, causation and contributory negligence, among other things. Part 1A is the subject of standard university courses and textbooks on negligence, however, its application outside of negligence is rarely considered. This comment explains that pt 1A of the CLA may apply to actions for breach of contract, and other actions, in appropriate cases.