The Interlocking Death and Rebirth of Contract and Tort

O'Connell, Jeffrey

Journal: Michigan Law Review

Volume: 75

First Page: 659

Year: 1977

Bluebook Citation: 75 MICH. L. REV. 659 (1977)

Author: Jeffrey A. O'Connell: all 63 publications


Abstract

The first portion of this article will examine the growing inclination of courts to apply tort principles to cases based on contracts; at the same time, the defects of tort will be discussed insofar as they militate against the wisdom of so extending tort principles. In the last half of the article, an alternative contractual method for allocating losses in one particular area will briefly be presented; this method does not contain the defects in loss allocation that have impelled courts to reject traditional contractual principles, but it also avoids many inefficiencies of traditional tort remedies.

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