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Concurrence of Contractual and Aquilian Claims

其他書名	Recent Cases
出版	SSRN, 2015
URL	http://books.google.com.hk/books?id=GQkBzwEACAAJ&hl=&source=gbs_api

註釋The Aquilian and the contractual action concur in circumstances where breach of contract simultaneously also constitutes a delict against the wronged contracting party. This will first of all be the case if the conduct complained of, apart from constituting breach of contract, also wrongfully and culpably infringes a legally recognised interest which exists independently of the contract, such as property or a personality interest. But this will also be the case if an independent delict - that is, where the delict relied on does not consist solely in breach of a term of the contract but complies with the general principles of delictual liability - causes pure economic loss. Nevertheless, the court warned that Aquilian liability should not readily be extended to pure economic loss in a contractual context, primarily because the position of the parties had been determined by contractual provisions which they themselves had preferred and which they had expected to be applicable. Moreover, the court emphasised that extension of liability under the Aquilian action would not be allowed in the field of contract law if the prejudiced party disposes of adequate contractual remedies.