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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this distinction is no longer valid or at least that there should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.
This discussion of causal uncertainty in tort liability adopts a
comparative approach in order to highlight the important normative,
epistemological and procedural implications of the various proposed
solutions. Occupying a middle ground between the legal perspective
and the philosophical views that are at stake when it comes to the
resolution of tort law cases in a context of causal uncertainty,
the arguments will be of great interest to legal scholars, legal
philosophers and advanced tort law students.
Technological developments posed a challenge to the established
law, especially tort law, at approximately the same time across
Europe. This book focuses on the similarity and diversity of
responses to such developments in different jurisdictions. Three
examples have been studied in depth: the escape of sparks from
steam engines in the middle of the nineteenth century; exploding
boilers in the latter part of the nineteenth century; and
asbestos-related industrial disease in the middle and late
twentieth century. The book shows how the rules of tort law were
used and adapted and demonstrates how other systems of regulation
and compensation were introduced to prevent injuries or to provide
compensation to victims outside tort law. The relatively marginal
role of tort law in these areas reveals much about legal
development in general.
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