Contractual and Tort Liability Converge, Transforming Legal Landscape
The article shows how contract and tort laws have similar efficient solutions for dealing with breaches. In tort law, negligence and strict liability with contributory negligence are effective. In contract law, making the breaching party pay for damages while limiting the other party's reliance is one solution. Another solution is to only require payment for damages if the breach was negligent, otherwise using restitution remedies.