Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-j824f Total loading time: 0 Render date: 2024-11-06T10:30:22.823Z Has data issue: false hasContentIssue false

Preface

Published online by Cambridge University Press:  15 November 2019

Miquel Mart ín-Casals
Affiliation:
Girona, June 2019
Get access

Summary

This book by the European Group on Tort Law (EGTL) deals with the borderlines between tort and contract and, more specifically, with the distinctions between liability in contract and liability in tort established in the legal systems under analysis. By exploring the main differences between the tortious and contractual legal regimes when damage occurs, it aims to shed some light on where the respective borderlines are currently traced in the corresponding legal systems, and what trends there are to suggest the course of the future development of the distinction.

The book includes 15 national reports, a report giving the perspective of an economic analysis of law and, finally, a comparative report. The reports analyse the differences across legal systems as regards the rules that may be relevant to the issues at the borderline between contract and tort and the extent to which actions in tort and actions in contract are mutually exclusive and, when this is not the case, how their concurrence is regulated. The reports also devote some attention to specific situations, such as pre-contractual liability and professional liability, where the contractual or tortious nature of the claim is hotly debated in some legal systems, and end with an analysis of the borderlines problems between tort and contract posed by 16 hypothetical case scenarios. Finally, the comparative report, based on the national reports and on other materials, provides a number of comparative conclusions.

The book has been made possible thanks to the ongoing financial and organisational support of the European Centre of Tort and Insurance Law (ECTIL) and the Institute for European Tort Law (ETL) in Vienna, as well as that of the Institute of European and Comparative Private Law (IECPL) at the University of Girona. The generosity of the National Research Program of the Spanish Ministry of Sciences, Innovation and Universities, through research grants (DER2013-40613-R and DER2016-77229-R) awarded to the IECPL in Girona over the last few years, has also been crucial in allowing the organisation of several meetings of the EGTL.

On behalf of the Group, I would like to thank the current director of the ECTIL and the ETL, Ernst Karner, and the former director of both institutions and one of the founding fathers of the EGTL, Helmut Koziol, from whom many of us have learned so much, for their ongoing support and encouragement.

Type
Chapter
Information
The Borderlines of Tort Law
Interactions with Contract Law
, pp. vii - viii
Publisher: Intersentia
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×