Tort And Contract Law

Torts are considered unfair acts that result in loss, causing damage or injury to anyone else in the form of “body, property, or legal rights”. The reason behind this is the violation of duty that was owed as decreed by law. Tort laws are considered civil wrong and the individual who is wronged can sue in the civil court either as compensation or some form of equitable remedy to have prevented repetitive actions. When parties are bound by contracts, contractual liability also exists. Companies and individuals are all applicable for Tort Laws. “Law of obligations” can be used as a classifier for both laws of tort and contract. Every individual is applicable for the Tort Law that has relevance to while the contract law is assumed voluntarily.

If a party does not perform an action in the way that the contract stipulated, the contractual liability is then incurred. One example is a single party contracted to rent an inflatable swimming pool for an outdoor party. If the item is not received on the correct date and time, the contract is breached and the pool company is held liable for the amount stated in the contract. But if the individual fails to make payment the company for the pool, he is responsible for the losses caused to the company by not paying for the item.

Tort now means a breach of some duty independent of contract giving rise to a civil cause of action and for which compensation is recoverable. In spite of various attempts an entirely satisfactory definition of tort still awaits its master. In general terms, a tort may be defined as a civil wrong independent of contract for which the appropriate remedy is an action for unliquidated

Mark accidently drives down a hill while on the phone with his daughter. Because Mark was talking with his daughter on the phone, he did not see the cliff warning sign. Mark has the duty as a driver of ensuring he drives safely and responsibly so not to put other drivers in danger. Mark however failed to comply and crashed into a jogger on the path below, as a result Mark has liability towards the jogger and his medical expenses.

A school may in general has tortious liability for anyone that enters their campus if they are hurt in any way. Even if a teacher is the one who has violated the “duty of care”, is one of the school’s staff, the school still holds responsibility for any damages caused. The tort committed has to hold relevance to the school, during school hours.

• Defenses to Tort negligence: 1) it can be proved that the plaintiff had complete awareness of the risks at the task’s beginning, he is justified from all liabilities. ; There is no need for the defendant to have the plaintiff warned of the risk that could occur to the plaintiffs only under the case that it was declared by the law or at the defendant’s