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Rolls-Royce New Zealand Ltd v Carter Holt Harvey Ltd () 1 NZLR 324 is decision of the Court of Appeal of New Zealand regarding tort claims in situations where a claim can be in both tort and contract. ==Background== Carter Holt entered into a contract with ECNZ (now Genesis Energy) for them to construct a cogeneration plant at their Kinleith paper mill that would be fueled by waste byproduct from the mill, with the contract having a non liability clause. ECNZ in turn subcontracted the work to Rolls Royce. Problems later were experienced with the generators that were installed, and CHH sued ECNZ for breach of contract. As there was no contract between CHH and Rolls Royce, they were sued for negligence in tort. Rolls Royce applied for the tort claim against them to be struck out on the basis that ECNZ could not have a claim in both contract and tort. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Rolls-Royce New Zealand Ltd v Carter Holt Harvey Ltd」の詳細全文を読む スポンサード リンク
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