Contractual Liability In Tort
Contrast liability in tort with contractual liability
TORT LAW : A tort is a legal term describing a violation where one person causes damage, injury, or harm to another person. The violation may result from intentional actions, a breach of duty as in negligence, or due to a violation of statutes.
The party that commits the tort is called the tortfeasor. A tortfeasor incurs tort liability, meaning that they will have to reimburse the victim for the harm that they caused them. In other words, the tortfeasor who is found to be “liable” or responsible for a person’s injuries will likely be required to pay damages.
Under most tort laws, the injury suffered by the plaintiff does not have to actually be physical. A tortfeasor may be required to
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Examples of strict liability torts include transporting hazardous materials in an off-limits zone or harboring dangerous wild animals.
Thus, tort liability can take on many different forms depending on the circumstances surrounding the incident. In general, tort liability is associated with monetary awards, but some forms of liability may lead to other remedies (such as a restraining order or an
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The parties enter the relationship by mutual consent The relationship is non-contractual and is imposed by law. The defendant must owe the claimant a duty of care.
Nature of obligation The parties must comply with the terms of the contract. The defendant must act according to the standard of care expected of the reasonable man or the reasonable professional
Causation and remoteness If the loss is a normal breach, the defendant will be liable; if the loss is not a normal result of the breach, the defendant will only be liable if the knew of the unusual circumstances. The defendant’s negligence must cause the claimant’s loss and the loss must have been a foreseeable consequence of the breach of duty.
Measure of damages The aim is to compensate the claimant by putting them in the position that they would have been had the contract been performed. The aim is to compensate the claimant by putting them in the position that they would have been had the negligence not taken
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