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The Borderlines of Tort Law - Interactions with Contract Law (Paperback)
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The Borderlines of Tort Law - Interactions with Contract Law (Paperback)
Series: Principles of European Tort Law, 0
Expected to ship within 12 - 17 working days
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All European legal systems recognise a boundary between the domains
of tort and contract. While there have been voices contending that
this distinction is no longer valid or at least that there should
be a unification of the two sets of rules in particular contexts,
others claim that there is still a very important distinction to be
maintained. In fact the boundary between the two areas is often
blurred and whether it is drawn in one place or another varies from
country to country, giving rise 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 explores
how differences between tort and contract affect the foundations of
liability, the nature and amount of the compensation, the extent of
liability and whether defences and limitation periods corresponding
to the distinct causes of action give rise to substantially
different outcomes. It also analyses to what extent actions in tort
and in contract exclude each other and, when this is the case, how
their concurrence is organised. Lastly it devotes its attention to
specific situations such as pre-contractual liability and the
liability of professionals.
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