Publication Type

Journal Article

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

Research Areas

Commercial Law

Publication

Torts Law Journal

Volume

24

First Page

148

Last Page

172

ISSN

1038-5967

Publisher

Butterworths

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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