The purpose of this Essay is to analyze the treatment and the types of tort and strict liability claims that courts are likely to redirect toward the Code's Article 2 remedies. This Essay examines the typical application of the economic loss doctrine, including the bargain policy underlying the...

Plaintiffs in civil lawsuits and injured parties in criminal lawsuits request monetary compensations for moral damages with increasing frequency and in increasing amounts. If, during the implementation of the new Civil Code in 2003, courts were convinced that only natural persons could claim...

This Article observes that there is not a clear consensus among courts in how to describe the scope and nature of a breach of the peace when a lender elects self-help repossession and things go awry. That does not mean that courts have not deduced some guideposts that parties can use in deciding...

Purpose - The purpose of this study is to investigate a criterion of potential consequences of liability of an Internet portal for unlawful comments of its visitors and set certain general waymarks, which would apply to cases of this kind. Research methodology - The European Court of Human...

Today, binding arbitration procedures are employed in a wider variety of contracts than at any time in our nation's history, and arbitration has become a wide-ranging surrogate for court trial of civil disputes. As a result, arbitration is subjected to unprecedented stresses and strains, and it...

This paper will explore the efficacy of contractual exclusions of obligations of care or liability for negligence. It will begin by setting out some fundamental principles of construction of exclusive clauses affecting the tort liability of the parties to the contract. It will then turn to...

Suppose you turn on your laptop while sitting at the kitchen table at home and respond OK to a prompt about accessing a nearby wireless Internet access point owned and operated by a neighbor. What potential liability may ensue from accessing someone else's wireless access point? How about...

This Article observes that there is not a clear consensus among courts in how to address the scope and nature of the economic loss doctrine, when applied to sales of goods. The economic loss doctrine's categorization of damages into three components: personal injury, injury to the product, and...

While various liability rules of tort law provide efficient incentives to invest, breach remedies of contract law are claimed to be distortive. Since, at least in Germany, obligations law provides general rules for both contractual and tort relationships such discrepancy seems puzzling. The...