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- Bratt, Stina, 1990-
(författare)
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Alternativa anspråksvägar i skadeståndsrätten : Om förhållandet mellan kontrakts- och deliktsansvar i avtalsförhållanden och kontraktskedjor
- 2023
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The thesis explores the possibility in Swedish law for an injured party to claim damages under two different sets of rules, namely contract law and tort law, with emphasis on possible alternative routes to compensatory damages. Liability for damages can be based on contractual liability rules or non-contractual liability rules (tort law). The interaction between contract and tort liability is one of the ‘classics’ of private law. Tort liability in contractual relationships gives rise to questions related to some of the core concepts in private law. It also gives rise to certain practical problems, since the outcome of a case may differ depending on whether the claim for damages is based on a breach of contract or a violation of a tortious duty. In this thesis, the question of alternative routes to compensation, i.e. alternative claims, is investigated with regard to sale of goods, transportation and construction contracts, negligence and strict liability, product liability, pure economic loss and negligent misrepresentation. In a chain of contracts, i.e. when parties are linked through contracts without being party to the same contract, a direct claim in tort may by extension lead to an impact of tort law on contract law. The consequence is a possible confusion of the two areas (‘contort’ law). In an international context, this interaction is especially challenging. Our globalized and decentralized market creates complex patterns of liability. Thus, the potentially alternative claims in contract and tort law become a more visible and important question. The thesis provides an outline of different approaches to overlapping and parallel rules of liability in Swedish law. In the thesis, comparisons are also made against other legal systems.
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