[DOWNLOAD] "Trans Caribbean Airways v. Lockheed Aircraft Service-International" by Supreme Court of New York * eBook PDF Kindle ePub Free

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eBook details

• Title: Trans Caribbean Airways v. Lockheed Aircraft Service-International
• Author : Supreme Court of New York
• Release Date : January 19, 1961
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

Plaintiff and defendant entered into a contract whereby defendant agreed to service and maintain plaintiff's airplane. The first cause of action alleges breach of the agreement; the second alleges negligence in the performance of the agreement; and the third alleges negligence and breach of contract. The allegations of negligence include ""making faulty repair"". A person undertaking to perform work is charged with the common-law duty to exercise reasonable care and skill in the performance of the work. (Rosenbaum v. Branster Realty Corp., 276 App. Div. 167, 168; Cox v. Mason, 89 App. Div. 219.) Negligent performance of the work gives rise to an action in tort and for breach of contract. Generally, failure or omission to perform the work at all is not a tort; it may sustain an action for breach of contract for nonperformance. But engagement upon the work, and the failure to do what was required in the exercise of care or the alleged faulty performance on the part of the defendant, entitles plaintiff to recover as damages the difference between the value of the airplane before and after the defendant's faulty performance. Consequently there is present damage to the plaintiff as well as the violation of a duty imposed by law, the combination of which gives rise to actionable negligence.

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