Contractual and Tort Liability for Auxiliaries in the Historical and Comparative Legal Perspective

Abstract

The article highlights the problems of contractual and tort liability for auxiliaries. In the light of historical and comparative legal approaches, the issues of the formation and development of the doctrine of liability for dependent assistants (accomplices) are considered, the conditions and grounds for its imposition are analyzed, and the specified liability regime in contract and tort law is compared. The author comes to the conclusion that at the moment there is no adequate dogmatic justification of liability for acts of others, and the differences between contractual and tort liability for auxiliaries are largely beginning to blur.