This chapter addresses non-contractual liability as a source of obligations. It starts by defining the notion of non-contractual liability and the basic problem addressed by the rules governing it. It then outlines the main systems evidenced by legal comparison in respect of the definition of liability generating factors and explains the reasons that account for those different systems. The chapter then examines the main requirements of tort liability, as well as the situations in which strict liability is exceptionally allowed by certain legal systems, as well as their main consequences, namely the duty to pay compensatory damages. Special reference is made to the compensability in tort of pure economic losses. The chapter then proceeds to distinguish between contractual and non-contractual liability and examines the expansive trends of non-contractual liability in certain legal systems, notably the English. It concludes with an analysis of the problems posed by the concurrence of contractual and tortious liabilities and the solutions provided for them in several legal systems.
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