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Licensed Unlicensed Requires Authentication Published by De Gruyter January 14, 2016

Opting for Tort

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In this paper the author considers the possibility and the significance of a power in contracting parties to choose the rules to govern their tort liabilities. To do so, he discusses first the ambit of the explicit provision to this effect in the Rome II Regulation article 14. Secondly, he considers how the agreement of the parties to apply the proposed Common European Sales Law could allow them to agree to rules governing their pre-contractual (and therefore non-contractual) liabilities. And, thirdly, he considers the approach of the Common European Sales Law to the question whether the agreement of the contracting parties may affect liability to and in third parties.


This article is the revised text of the Opening Lecture given at the 14th Annual Conference on European Tort Law on 9th April 2015.

Published Online: 2016-1-14
Published in Print: 2015-12-1

© 2015 Walter de Gruyter GmbH, Berlin/Boston

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