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4331 Ordinarily, a business entitys duty to prevent financial loss to others with whom it deals directly sounds in contract rather than tort, and since equitable indemnity is available only among joint tortfeasors, a tortfeasor is not entitled to equitable indemnity from an entity whose duty to it arose from an implied contract.CitationSTOP LOSS INS BROKERS v BTMG (Contract / Tort) 143 CA4 1036 [See: Leko v Cornerstone 86 CA4 1109, T/AT 3/01] |
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