This Article discusses the nature of doctrinal classifications and some of the problems rising in third-party cases due to the distinction between tort and contract. These cases can best be understood by recognizing an emerging field of law known as economic negligence. Economic negligence concerns the liability of a contracting party to a third person for negligent performance of a contract. The Author concludes by explaining how the recognition of this field of law addresses the problems that arise from the traditional classification.
Jay M. Feinman,
Doctrinal Classification and Economic Negligence,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol33/iss1/4