Contribution to Book
On the Boundary between Torts and Contracts: An Economic View
Economic Analysis of the DCFR
(2010)
Abstract
The boundary between tort law and contract law (i.e., the boundary between contractual and extracontractual liability) is relevant in any legal system. However, the extension and the practical importance of this boundary is dependent on the specificities of the legal system. Our paper approaches the boundary between torts and contracts from a law and economics perspective. The interaction between a contractual relationship and the possibility of a tort claim generates interesting legal issues that can be analyzed from an economic perspective. The second contribution of our paper is the use of the DCFR (the Draft Common Frame of Reference) as the case-study for discussion. We identify and discuss four classes of situations that are relevant from this point of view, namely (i) third-party effects (contracts that cause a potential wrongdoing); (ii) breach of contract induced or caused by a third party; (iii) quasi-contracts; (iv) breach of contract or other forms of contractual under-performance that cause a potential wrongdoing.
Keywords
- tort law,
- contract law,
- efficiency
Disciplines
Publication Date
2010
Editor
P. Larouche and F. Chirico
Citation Information
Assunção Cristas and Nuno Garoupa. "On the Boundary between Torts and Contracts: An Economic View" Economic Analysis of the DCFR (2010) Available at: http://works.bepress.com/nunogaroupa/115/