Concurrent Liability: Where have things gone wrong?

Lord Justice Rupert Jackson

February 2015

A paper presented to the Society of Construction Law and the Technology and Construction Bar Association at a meeting in London on 30th October 2014

Lord Justice Jackson's paper examines the boundary between contract and tort in four different legal systems - Roman law, French law, German law and common law. He argues that in the UK contracts should not, and generally do not, generate duties of care in tort which mirror the contractual obligations. He reaches this conclusion after considering the historical context and the development of the law of tort and contract, beginning with Roman law, and then examining how the law has been developed in contrasting ways in the French and German Civil Codes.

Introduction - Roman Law (Tort - Contract) - French Law - German Law - Common law (Development of the law of tort and contract - The two streams of authority - Where are we now?) - Analysis (What is to be learnt from the comparative law exercise? - Limitation - Other objections to imposing tortious liabilities upon contracting parties - Contribution - Overall conclusion).

The author: Lord Justice Rupert Jackson is a Lord Justice of Appeal and President of the Society of Construction Law.

Text: 18 pages