Contrast Liability in Tort

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Contrast liability in tort with contractual liability Tort: A tort is a legal term which describes a civil wrong that can be redressed by awarding damages. The term describes violation where one person causes damage to other person. When there is a breach of duty of care done unintentionally, it causes tort of negligence. Accidents can be an example of Negligent Torts.

  • When there is a breach of duty of care done intentionally to harm the other person it causes Intentional tort. Fraud, theft can be the example of Intentional tort.
  • Sometimes called as absolute liability, it is the lawful responsibility for any damages or injury, even if the person found strictly liable was not at fault. It is called strict liability.

The term tortuous liability is fixed by law. When a breach of duty is occurred tortuous liability arises. The wrongdoer who has done the damage is obliged to pay compensation whether it was intentional or not. Tortuous liability cannot be created by agreement. Some other types of liability that are common in a tort include: Joint Liability:This is where several tort feasors are held liable for a tort against one party.The tort feasors are said to be “jointly liable” for the harm.How much each tort feasor will be necessary to pay may depend on their individualdegree of liability, as well as the policy for that particular jurisdiction Vicarious Liability:This is where a superior is held liable for the actions of their subordinates.For Liability to/for Third Parties:Third party interactions can also affect tort liability.Sometimes a person VictimLiability: If the victim actually contributed to their injury, they may actually share liability with the tort feasor.This is often known as “contributory negligence,” and may result in the damagesaward being reduced or completely barred. Strict Liability:Strict liability means that the tort feasor may be held liable for a abuse even if they did not intend to break a law.Examples of strict liability torts include transporting hazardous materialsin an off-limits zone or harboring dangerous wild animals. A Contractual liability is created when two or more people promise certain things to each other. Example: Shanta offers Simran to clean her house and in return she will pay him $10. Sam accepts the offer, and cleans her house. After cleaning the house Simran asks for his money and Shanta gives him $5 refuses to give anymore. So there is a breach of contract. Here they have an agreement so according to the agreement Sara has to pay $10. The differences between Liability in Tort and Contractual Liability are:

  • A contract is a legal binding agreement between two or more persons, A tort happens without consent.
  • In tort the measure of damages is not limited and neither can it be indicated or assumed, in contract it can be somehow assumed how much damage has been caused.
  • In tort the compensation of damage is fixed by the law,

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