ABSTRACT
The chapter analyzes different ways in which contract law and tort law interact in a supply chain setting. The focus is on situations in which actions brought under tort law may trigger contractual reactions and vice versa. In addition, the chapter examines the extent to which interaction between the two liability regimes creates dilemmas with regard to the liability of both the chain leader and the supplier. In particular, the chapter reflects on the consequences of the application of the criterion of contractual “control” as a central element in the tort liability standard applicable with regard to the chain leader’s liability. It also addresses the tension created between the need to impose liability on the supplier towards third parties and the need to protect the supplier as the weaker party in the contractual relationship with the chain leader.
