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Tort Contract Similarities and Differences

Similarities: both tort and contract create civil law obligations. Breach of both types give rise to an action for damages. Civil courts have jurisdiction to hear contract and tort claims.

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94 views5 pages

Tort Contract Similarities and Differences

Similarities: both tort and contract create civil law obligations. Breach of both types give rise to an action for damages. Civil courts have jurisdiction to hear contract and tort claims.

Uploaded by

ashee618
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Tort and Contract Law: SIMILARITIES & DIFFERENCES

Definitions : TORT Tortious liability arises from the breach of a duty primarily fixed by law: this duty is towards persons generally and its breach is redressible by an action for damages. CONTRACT Most contracts take the form of an agreement, that is to say, each party agrees to accept the promise or promises of the other in return for the promise or promises made by itself.

Similarities:
1. Both tort and contract create civil law obligations. 2. Breach of both types give rise to an action for damages.

3. Civil courts have jurisdiction to hear contract and tort claims.

Differences
1. As a general rule contractual obligations are voluntarily undertaken but in law of Tort there is no free choice law imposes the obligation. 2. A person who enters into a contractual obligation owes only a duty to the other party to the contract. In tort owe duty to everyone not to use violence against them, not to trespass on property belonging to others, not to defame them. 3. Generally, liability in contract is strict, while tortious liability is based on fault.

Differences
4. Generally, contractual liability is imposed on a person who

has not done what he promised to do. In tort imposed on someone who has done something should not have done or has failed to do something should have done. 5. Damages: the object of awarding damages in contract is to put claimant in position he would have been in had contract been performed. In tort, it is to put the claimant in the position he would have been in had the tort not happened.

GENERAL CHARACTERISTICS OF TORTIOUS LIABILITY


Liability arises out of a wrongful act or omission Note: there are situations where one person is liable for anothers wrongful act or omission Vicarious Liability. Generally, tortious liability is based on fault of the defendant. Fault means that the claimant must prove that the defendant committed the act (or omitted to act) intentionally or negligently. Generally, the claimant must prove that s/he has suffered damage which is not too remote a consequence of the defendants wrongful act or omission.
SOURCE REF: [www.jura.unibielefeld.de/Studium/Fremdsprachen/Fremdsprachenausbildung/Englisch/Long/LECTURE%201.doc CONTRACTUAL AND TORTIOUS OBLIGATIONS]

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