Law and Responsible Supply Chain Management: Contract and Tort Interplay and Overlap

Cover
Half Title
Series Page
Title Page
Copyright Page
Table of Contents
List of tables
List of contributors
Preface
1. Introduction
	1 The concept of the supply chain and supply chain management
	2 The concept of CSR and sustainability
	3 The concept of sustainable supply chains
	4 The aim of this book
	5 Methodology
	6 Chapters and the red thread
	Bibliography
PART I: CONTRACT LAW
	2. From international law to national law: The opportunities and limits of contractual CSR supply chain governance
		1 Introduction
		2 The use of international law standards in global supply chains
		3 International law perspectives
		4 Implications of the interaction of “the international” with “the
national” in the context of CSR in global supply chains
		5 Conclusions
		Bibliography
	3. Contractual enforcement of CSR clauses and the protection of weak parties in the supply chain
		1 Introduction
		2 Some examples of CSR clauses and models for implementation
		3 Enforcement and classical contract law
		4 Invalidity: CSR clauses and unconscionability doctrines in classical contract law
		5 Adjusting the doctrines
		6 Conclusion
		Bibliography
	4. Enforcement of sustainability contractual clauses in supply chains by third parties
		1 Introduction
		2 Third-party beneficiaries
		3 Normative arguments for third parties’ legal standing in sustainability-related contractual claims
		4 Arguments against allowing third parties to sue on sustainable contractual clauses
		5 Discussion and conclusion
		Bibliography
PART II: TORT LAW
	5. Direct and vicarious liability in supply chains
		1 Introduction
		2 Direct liability
		3 Vicarious liability in supply chains
		4 Conclusion
		Bibliography
	6. Liability for “greenwashing”?: On unfair commercial practices, the legal duty to be transparent and the case for a “safe harbor”
		1 Introduction
		2 The duty to be transparent: legal obligations to publish CSR information
		3 Liability towards consumers on the basis of unfair commercial practices
		4 CSR statements as a source of liability for unfair commercial practices
		5 CSR statements: a “safe harbor” for the company?
		6 Conclusion
		Bibliography
PART III: INTERPLAY AND OVERLAP OF CONTRACT AND TORT LAW
	7. Interplay between contract and tort in the supply chain
		1 Introduction
		2 Tort law as a generator of contractual enforcement
		3 Contract law reflecting back on tort law
		4 Dilemmas created by the interplay between contract and tort
		5 Conclusion
		Bibliography
	8. Developing supply chain liability: A necessary marriage of contract and tort?
		1 Introduction and mission
		2 The rise of product liability law
		3 Structural parallels and differences between product liability and supply chain liability
		4 Product liability as a model for supply chain liability: taking the leap
		5 Conclusion
		Bibliography
Index