Résultats (
Allemand) 3:
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Overall, we can see that contract and tort originated from the same area of law and were originally reliance based types of liability related to the misfeasance of the defendant. In order to accommodate the need for a remedy for non feasance, the action of assumpsit developed from the action on the case, with a liability based on the the mutual exchange of promises. Essentially the legal basis of the two actions remained the same in that they related to the idea of a wrong. The breach of a duty was a wrong, as was the breach of a promise. Although these two different aspects of liability could lead in different directions, there remained an element of interrelationship which still causes problems in defining the modern boundary between contract und falsch.
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