Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Contracts
Why Unify Contract And Tort Remedies? A Reply To Professor Dagan, Dr. Yehuda Adar
Why Unify Contract And Tort Remedies? A Reply To Professor Dagan, Dr. Yehuda Adar
Yehuda Adar Dr.
-This Article is in Hebrew-
The remedies section in the Israeli draft civil code attempts to create a unified law of remedies for the breach of any civil obligation, including originating in tort law and contract law. In his article, "The Risks of Codification: On Over-Coherence and Multiplicity of Remedies", Professor Dagan forcefully criticizes this attempt. The present article demonstrates that the two main criticisms raised by Dagan - against the unification of remedies and against the attempt to fortify the remedial response to breach of civil obligations - are unconvincing, from both a theoretical and a pragmatic point of …