Where co-tortfeasors are also in a contractual relationship, the statutory contribution regime under s 5(1) of the Law Reform (Miscellaneous Provisions) Act 1946 does not affect the right of one party to recover full contractual damages from the other for breach of an implied term, including the damages and costs payable to the injured plaintiff. However, a carrier's claim for contractual damages against an employer for the carrier's liability to the employer's own employee is too remote. An implied term to load and secure goods with reasonable care arises in a contract for carriage where the carrier unilaterally re-loads goods during transit.
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