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Book Cover

Title The borderlines of tort law : interactions with contract law / edited by Miquel Martin-Casals
Published Cambridge, United Kingdom : Intersentia, [2019]


Description 1 online resource (xii, 845 pages)
Series Principles of European tort law
Principles of European tort law (European Group on Tort Law)
Contents Introduction -- Questionnaire and hypothetical cases-- Austria / Ernst Karner and Bernhard A. Koch -- Czech Republic / Luboš Tichý -- England and Wales / Ken Oliphant and Vanessa Wilcox -- France / Sébastien Borghetti -- Germany / Ulrich Magnus -- Greece / Eugenia Dacoronia -- Israel / Israel Gilead -- Italy / Cristina Amato and Giovanni Comandé -- The Netherlands / Anne L.M. Keirse -- Norway / Bjarte Askeland -- Poland / Ewa Bagińska -- South Africa / Johann Neethling -- Spain / Miquel Martín-Casals and Albert Ruda-González -- Switzerland / Pierre Widmer, Bénédict Winiger and Caroline Duret -- United States / W. Jonathan Cardi and Michael D. Green -- Economic perspectives / Michael Faure and Wenqing Liao -- Comparative report / Miquel Martín-Casals
Summary 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 While there have been voices contending that this distinction is no longer valid or at least that there should be a unification of the two sets of rules in particular contexts, others claim that there is still a very important distinction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
Notes "EGTL; European Group on Tort Law"--Cover
Bibliography Includes bibliographical references
Notes Print version record
Subject Torts.
Torts -- Europe
Contracts -- Europe
Liability, Legal
Comparative law
Unerlaubte Handlung
Form Electronic book
Author Martín-Casals, M. (Miquel), editor.
European Group on Tort Law, issuing body.
ISBN 9781780689135