Justifying Concurrent Claims in Private International Law
Should claimants be entitled to sue either in contract or tort (or both sans double recovery) on a single set of facts? In domestic law, the answer to this question – the question of concurrent liability – matters because obvious differences exist between contract and tort: different remoteness, remedial, and limitation rules apply, for example. Choosing between these claims allows claimants to maximise the chances and consequences of success. Is this justifiable?