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  • JUSTIFYING CONCURRENT CLAIMS IN PRIVATE INTERNATIONAL LAW

  • Sagi Peari, Marcus Teo
  • Journal:
    The Cambridge Law Journal / Volume 82 / Issue 1 / March 2023
    Published online by Cambridge University Press:
    06 January 2023, pp. 138-170
    Print publication:
    March 2023
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  • Can claimants choose between contract and tort claims arising on the same facts with different jurisdictional and/or choice-of-law consequences? While domestic legal systems generally recognise concurrent liability, commentators object that its extension to private international law would be unprincipled and would threaten the field's values. This, however, contrasts with the position in common law and under EU Regulations, where concurrent claims are generally recognised with only narrow limits. This article justifies concurrent claims in private international law, arguing that the same premises supporting concurrent liability in domestic law exist in private international law, and that no field-unique concerns foreclose it.