What is the difference between contractual liability and tort liability? ...[Show More]
3 years ago
There
are two different categories of legal responsibility under which someone might
be held liable for damages: tort and contractual. Contractual liability
typically develops when one party doesn't fulfill the responsibilities it
committed to when the contract was signed, which causes injury or damages
(Murphy,2020). The party who feels wounded or harmed will file a lawsuit for
the damages specified in the contract.
An
occurrence where ABC Company, a building owner, employs XYZ Builders to
renovate an office building serves as an illustration of contractual liability.
The owner of the ABC building should sign an indemnity clause stipulating that
if any hurt or damage is inflicted on civilians, the XYZ building business
shall assume full responsibility and pay damages. This analogy demonstrates the
requirement for written documentation of the liable parties for reparation to
take place.
On
the other hand, tort liability is a breach of duty in which one party owes the
other. This breach can be considered intentional or unintentional, and it
causes harm to the injured party. The injured party will then sue for the
damages received and demand compensation. According to Murphy (2020), the main
difference is that contractual liability is based on a set contract, while tort
liability is more subjective and depends on the standard requirements of the
defendant to the plaintiff.
Reference
Murphy,
J. (2020). Contractual Liability vs. Tort Liability: What's the Difference? The
National Law Review. Retrieved from https://www.natlawreview.com/article/contractual-liability-vs-tort-liability-what-s-difference
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