Tort and Act
Table of Contents
Task 1 2 Claim 1 3 Claim 2 5 Task 2 9 Claim 3 11 References 13
Task 1
Describe the nature of general tortuous liability comparing and contrasting to contractual liability * There are some similarities between tortious and contractual liability
Both tortious liability and contractual liability are civil law obligations, so the remedies of all two them are only damages, injunction or specific performance without punishment as well as the civil courts have jurisdiction to hear contract and tort claims. Moreover, breaching of both types give rise to an action for damages. For example, to contrasting liability, see case Jackson v Horizon Holidays Ltd 1975 and to torious liability, see case Scott v Shepherd 1773. And the person who wronged sues in the court for compensation. * The difference of tortious and contractual liability
In tort claim, anyone who has suffered losses because of a wrongful act of defendant can claim for their damage without being necessary to have any previous transaction or relationship with the defendant. For example, a passenger can sue a motorist for making him suffer injury when they have accident on a road. In contrast, there is more privacy in the contract in the case of contractual liabilities as the parties who are involved in the contract are the one who can actually sue for damages as in the case of Atkin v Sounders, 1942.
Moreover, general rule of contractual obligations are voluntarily undertaken, that means the defendant and the plaintiff have opportunity to escape from their relationship before a wrongful act is occurred. Therefore, liability in contract cases is more freedom than in tort liability. Meanwhile, tortious liability is imposed the defendant because the result of the plaintiff loss is appeared as the reason to create their special relationship.
For the compensation, when a tort is committed, the remedy is just an action for damages while in the case of contractual
Task 1 2 Claim 1 3 Claim 2 5 Task 2 9 Claim 3 11 References 13
Task 1
Describe the nature of general tortuous liability comparing and contrasting to contractual liability * There are some similarities between tortious and contractual liability
Both tortious liability and contractual liability are civil law obligations, so the remedies of all two them are only damages, injunction or specific performance without punishment as well as the civil courts have jurisdiction to hear contract and tort claims. Moreover, breaching of both types give rise to an action for damages. For example, to contrasting liability, see case Jackson v Horizon Holidays Ltd 1975 and to torious liability, see case Scott v Shepherd 1773. And the person who wronged sues in the court for compensation. * The difference of tortious and contractual liability
In tort claim, anyone who has suffered losses because of a wrongful act of defendant can claim for their damage without being necessary to have any previous transaction or relationship with the defendant. For example, a passenger can sue a motorist for making him suffer injury when they have accident on a road. In contrast, there is more privacy in the contract in the case of contractual liabilities as the parties who are involved in the contract are the one who can actually sue for damages as in the case of Atkin v Sounders, 1942.
Moreover, general rule of contractual obligations are voluntarily undertaken, that means the defendant and the plaintiff have opportunity to escape from their relationship before a wrongful act is occurred. Therefore, liability in contract cases is more freedom than in tort liability. Meanwhile, tortious liability is imposed the defendant because the result of the plaintiff loss is appeared as the reason to create their special relationship.
For the compensation, when a tort is committed, the remedy is just an action for damages while in the case of contractual
References: 1. No author (no date) Compare and contrast tortuous liability and contractual liability [online] [cited on 30th December 2010] <http://wiki.answers.com/Q/Briefly_Compare_and_contrast_tortuous_liability_to_contractual_liability#ixzz19nYVuZdU> 2. Edexcel HNC/HND Business. (2004) Common law. 1st ed, BPP: Professional Education, London.