Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-m9kch Total loading time: 0 Render date: 2024-05-30T22:37:03.937Z Has data issue: false hasContentIssue false

Questionnaire and Hypothetical Cases

Published online by Cambridge University Press:  15 November 2019

Get access

Summary

QUESTIONS

TRACING THE BORDERLINES

A. How and why does your legal system distinguish between tort and contract?

B. Does your system recognise a ‘grey zone’ between the two (as, for instance, in the case of culpa in contrahendo)?

C. Are there common or different rules regulating tort and contract?

D. Do courts apply rules which are common to tort and contract in different ways?

MAIN DIFFERENCES BETWEEN TORTIOUS AND CONTRACTUAL LIABILITY

A. What are the differences in the regulation of liability based on tort and liability based on contract as regards the foundations of liability?

1) The role of intention

2) The roles of wrongfulness and fault and their variations

3) The role of strict liability

B. What are the differences as regards causation (both causation in fact and scope of liability)?

C. What are the differences as regards remedies? Namely:

1) The degree of certainty of the damage

2) Compensation for non-pecuniary loss

3) Compensation for loss of earnings and for loss of chance

4) Restitutionary damages

5) Aggravated and exemplary (or punitive) damages

6) Others (such as specific performance, injunctions, etc)

D. What are the differences as regards the recoverability of ‘pure economic losses’ between contracting and non-contracting parties?

E. What are the differences as regards liability for others? Namely:

1) Liability for auxiliaries and for independent contractors

2) Liability for the legal representatives or organs of a company

3) Liability of representatives of natural persons

4) Liability of the auxiliary/organ itself

F. What are the differences as regards liability in the case of multiple tortfeasors/breaching parties?

G. What are the differences as regards the persons who may be protected under tort/contract?

H. What are the differences as regards defences (in particular, in the case of contributory negligence)?

I. What are the differences as regards limitation periods (in particular as regards length of periods, ‘dies a quo’, liability arising from a crime, specific rules, etc)?

J. What are the differences as regards proof?

K. Are there any other differences?

L. What are the reasons for all these differences?

Type
Chapter
Information
The Borderlines of Tort Law
Interactions with Contract Law
, pp. 7 - 12
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
×