Contractual liabilities - breach - discharge of contract
<p><strong>B</strong> has a contract with <strong>C</strong> that states:</p>

<ol>
<li><strong>B</strong> will design a building for <strong>C</strong>; and</li>
<li><strong>C</strong> will indemnify <strong>B</strong> in respect of losses resulting from negligence in design.</li>
</ol>

<p><strong>B</strong> proceeds to design the building.</p>

<p>Roof tiles used, were not compliant with <strong>B</strong>'s design. <strong>B</strong> has warned this to C's client who insisted to use heavier tiles.
Is it a breach of contract by <strong>C</strong> -not using the tiles as designed by <strong>B</strong> or <strong>B</strong>'s contract with <strong>C</strong> has been discharged by performing the design?</p>

<p>There was no requirement for B to actually construct the building, much less use the specified components of the building in such a construction.</p>

<p>There is no breach of contract.</p>

contract-law