Publication Type
Journal Article
Version
acceptedVersion
Publication Date
8-2017
Abstract
This articleexamines the understanding of concurrent liability in tort and contract,through a detailed analysis of the interplay, intersection and independence of thelaw of torts and the law of contract. The central argument that will beadvanced is that the present understanding of the ‘incident rules’ inconcurrent liability in tort and contract, such as the applicable rules ofremoteness or limitation, is inconsistent with the rationale for concurrencelaid down in Henderson v MerrettSyndicates Ltd. Rather than analyse concurrence as a single situation, thatis, conceiving it as a contest between rules of tort or contract rules, we arguethat the better way forward is to differentiate between the differentsituations in which liabilities in tort and contract may arise and to apply thecorrect analysis to each situation accordingly.
Keywords
contract, torts, concurrent liability
Discipline
Contracts | Torts
Publication
Torts Law Journal
Volume
24
First Page
148
Last Page
172
ISSN
1038-5967
Publisher
Butterworths
Citation
GOH, Yihan and YIP, Man.
Concurrent liability in tort and contract. (2017). Torts Law Journal. 24, 148-172.
Available at: https://ink.library.smu.edu.sg/sol_research/2400
Creative Commons License
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