Justifying Concurrent Claims in Private International Law

Sagi Peari, Marcus Teo

Research output: Contribution to journalArticlepeer-review

2 Citations (Scopus)

Abstract

Can claimants choose between contract and tort claims arising on the same facts with different jurisdictional and/or choice-of-law consequences? While domestic legal systems generally recognise concurrent liability, commentators object that its extension to private international law would be unprincipled and would threaten the field’s values. This, however, contrasts with the position in common law and under EU Regulations , where concurrent claims are generally recognised with only narrow limits. This article justifies concurrent claims in private international law, arguing that the same premises supporting concurrent liability in domestic law exist in private international law, and that no field-unique concerns foreclose it.
Original languageEnglish
Pages (from-to)138-170
Number of pages33
JournalCambridge Law Journal
Volume82
Issue number1
Early online date6 Jan 2023
DOIs
Publication statusPublished - 1 Mar 2023

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