The Borderlines of Tort Law: Interactions with Contract Law


The project of the European Group on Tort Law (EGTL) on ‘The Borderlines of Tort Law: Interactions with Contract Law’, led by Miquel Martín-Casals (Girona University), explores the differences between tort and contract. It discusses, in particular, the foundations of liability, the nature and amount of 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 the extent to which actions in tort and in contract exclude each other and, when this is the case, how their concurrence is dealt with. Finally, the study devotes its attention to specific situations such as pre-contractual liability and the liability of professionals.