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Contractual Liability Essay

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Contractual Liability

Responsibility taken by any party under contract, as per the conditions of the contract if one of the parties does not fulfil their responsibility in terms of their contract it will lead to contractual liability.

TORT

In common law jurisdictions, a tort is a civil wrong that caused someone to suffer loss or damage resulting into legal liability for the person who have committed a tortious act. Crimes may be torts but the cause of legal action will not necessarily be classified as a crime. This is because the the root of the legal action caused may be due to negligence which is not as serious as a criminal negligence. There are two parties in this legal action and one is called the plaintiff. A plaintiff is a person …show more content…

In this case, it was held that the manufacturer can be liable in tort even if it can be proven that there was negligence, with personal injury or damage to the property was suffered. This precedent also establishes that the third party may have a claim against a person in tort even if there are no contractual relationship between them. In tort, some damages have to be caused for the claim to be valid. However, because of the Consumer Protection Act 1987, negligence is no longer required to exist to prove a death, injury, or consumer property. The only thing necessary is to prove that the defendant produced a defective product and caused damage to the plaintiff. Similar liabilities are imposed by the European convention for the products liability reference to personal injury and death. Consumer Protection Act does not cover all types of damage or loss caused by defective product. It also sets out significant limitations with no retrospective …show more content…

There has to be a duty of care between the plaintiff and defendant
2. There was a breach of duty by the defendant
3. There was a direct loss or injury suffered by the defendant’s breach
4. The harm was reasonably foreseeable
5. Both parties have to be fair to each other
6. It has to be just and reasonable to impose liability on the defendant

A concept named ‘Novus Actus Interveniens’ is a Latin concept that is often considered to be a general defense to the tort law, especially for the tort of negligence. This concept revolves around an idea where a third party will intervene between an original act or the damage that is produced as a result.

Criminal negligence

Criminal negligence is a type of statutory offence that occurs during a situation that involved death of an innocent party. For example, a death of somebody in result of the operation of a motor vehicle by a person who is under the influence of drugs or alcohol. Most court will define this situation as criminally negligent homicide. It is different from tort of negligence as in tort, a party who acted wrongfully will be liable for the damages of the injured party, but in a criminal negligence, they are subjected to a fine, imprisonment, or both. This is because Criminal negligence is considered a

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