Torts and contract in the protection of business interests: Interplay, intersection and independence

• Main Author: GOH, Yihan
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2016
• Subjects: Contracts; Torts
• Online Access: https://ink.library.smu.edu.sg/sol_research/1802
• Institution: Singapore Management University

Whilst business interests are first and foremost safeguarded by contract., the role of the law of torts in the protection of these interests in the modern commercial environment is increasingly important and effective. This paper explores the interplay, intersection and independence of torts and contract in the protection of business interests. Through examining recent case law and modern judicial trends, the paper seeks to offer fresh insights by examining three broad areas: (a) the different ways in which the torts and contract deter commercial misconduct; (b) the impact of a contract on existence and extent of tortious liability; and (c) circumstances where the law of torts is more effective than contract law in protecting business interests. Whilst the paper examines the aforementioned areas predominantly through the viewpoint of private law, where relevant, it also considers the issues from the perspective of private international law. In doing so, it hopes that its discussion will be illuminating for both domestic and international business.