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Contractual Liability In Torts Essay

785 Words4 Pages

The liability in tort is an action that one person or entity causes harm or damage to another person. When a person or the individual has a duty to act or violates laws, a tort liability is likely to be occurred and it leads intentional acts or a negligence of act. Generally, torts are civil wrongs which is recognized by law for a lawsuit, it leads to harm or damage constituting the basis for a claim by the injured person ((2015) Tort law definition,examples,cases,processes, Retrieved from http://legaldictionary.net/tort-law). The contractual liability is defined in three parts. The first part is the obligation of the debtor which overhaul the prejudice caused to the creditor by the failure, the second part is an application of the civil liability rule to a qualified assumption that a prejudice ascends from the failure in order to satisfy a pre-existing contractual obligation and the third part defines it as a form of civil liability which is described …show more content…

It always consist of harm caused by carelessness, not intentional harm and according to Jay M. Feinman of the Rutgers University School of Law, “the core idea of negligence is that people should exercise reasonable care when they act by taking account of the potential harm that they might foreseeably cause to other people.”(Feinman, Jay(2010)). It involves four essential elements: duty of care, breach of duty, causation and remoteness of damages.
 Duty of care: It refers to the relationships which the law recognizes as giving rise to a legal duty to take care.(Annon, n.d.). It determines the existence of a legally responsibility and legal duty is imposed in different typical situations. One of the example is the case of Donoghue v. Stevenson which illustrates the law of negligence, laying the foundation of the fault principle around the

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