Borderlines of Tort Law: Interactions with Contract Law

The distinction between tort and contract in European legal systems is recognized, but there are debates on whether it should be maintained or unified. The boundary between the two areas is blurred, leading to different legal outcomes in different countries. This volume explores how differences between tort and contract affect liability, compensation, liability extent, and defences. It also examines the exclusion of actions in tort and contract and their concurrence in specific situations.

Format: Paperback / softback
Length: 500 pages
Publication date: 15 June 2018
Publisher: Intersentia Ltd

All European legal systems acknowledge a dividing line between the realms of tort and contract. While some argue that this distinction is no longer relevant or, at the very least, that there should be a harmonization of the two sets of rules in specific situations, others maintain that there is still a significant distinction to be upheld. In reality, the boundary between these two areas is often blurred, and whether it is drawn in one place or another varies from country to country, leading to the paradox that what is considered a matter of contractual liability in one legal system is governed exclusively by tort law in another.

This volume delves into how variations between tort and contract impact the foundations of liability, the nature and extent of compensation, the scope of liability, and whether defenses and limitation periods corresponding to the distinct causes of action yield significantly different outcomes. It also examines to what extent actions in tort and in contract exclude each other and, in such cases, how their concurrence is organized. Lastly, it focuses on specific situations such as pre-contractual liability and the liability of professionals.

In conclusion, the distinction between tort and contract is a fundamental aspect of European legal systems, and understanding how these two areas interact is crucial for legal professionals and individuals seeking to navigate the complex terrain of civil litigation. While there may be debates about the validity and relevance of this distinction, it remains an important aspect of the legal landscape, and its study and analysis will continue to be of utmost importance in the years to come.

Weight: 1350g
Dimension: 163 x 241 x 45 (mm)
ISBN-13: 9781780682488