Business Law
Table of Contents
Introduction
Law plays important roles to protect benefits, obligations and bringing fair for everybody in society. This report gives information about tortuous liability, contractual liability, vicarious liability, the tort of negligence and defences. After that, I can determine liability of person who is responsible when violations as well as providing advices for the legal problems in business of VJSC.
(3.1) Contrast liability in torts with contractual liability
Tortuous liability will be applied when occurs the law violation of civil nature that infringes on the rights and legal interests of others as a legal entity or individual. In addition, the rights and legal interests are not specified in the contract between the parties.
Contractual liability is the parties sign in the contract based on satisfy about agreement, negotiation and terms of contract. They are completely voluntary to enter into a contract and having contractual liability each other.
The tortuous liability and contractual liability have the same point are violations of the law and suffer liability under civil law. The liable party has responsibility for compensation by payments for any losses from their wrong.
Differences:
Tortuous liability
Contractual liability
- A law violation of non-contractual damages.
- Parties related to the violations which they have no contractual relationship with each other even they are strangers.
- Tort is the basis for generating tortuous liability so the person wronged has responsibility to any persons who are damaged from their behaviour.
- Cannot measure clearly the damages.
- Difficult to determine exactly compensation rate so the compensation will be based on the actual extent of damage occurred.
- A violation of the contents which parties signed in the contract.
- Parties have a close relationship because they have time for agreements and sign the contract together.
- If the breach
Introduction
Law plays important roles to protect benefits, obligations and bringing fair for everybody in society. This report gives information about tortuous liability, contractual liability, vicarious liability, the tort of negligence and defences. After that, I can determine liability of person who is responsible when violations as well as providing advices for the legal problems in business of VJSC.
(3.1) Contrast liability in torts with contractual liability
Tortuous liability will be applied when occurs the law violation of civil nature that infringes on the rights and legal interests of others as a legal entity or individual. In addition, the rights and legal interests are not specified in the contract between the parties.
Contractual liability is the parties sign in the contract based on satisfy about agreement, negotiation and terms of contract. They are completely voluntary to enter into a contract and having contractual liability each other.
The tortuous liability and contractual liability have the same point are violations of the law and suffer liability under civil law. The liable party has responsibility for compensation by payments for any losses from their wrong.
Differences:
Tortuous liability
Contractual liability
- A law violation of non-contractual damages.
- Parties related to the violations which they have no contractual relationship with each other even they are strangers.
- Tort is the basis for generating tortuous liability so the person wronged has responsibility to any persons who are damaged from their behaviour.
- Cannot measure clearly the damages.
- Difficult to determine exactly compensation rate so the compensation will be based on the actual extent of damage occurred.
- A violation of the contents which parties signed in the contract.
- Parties have a close relationship because they have time for agreements and sign the contract together.
- If the breach
References: Business essentials – Supporting HNC/HND (2010) - London: BPP Learning Media Ltd – Aspects of Contract and Negligence for Business Course book, Introduction to types of tort, chapter 12. Business essentials – Supporting HNC/HND (2010) - London: BPP Learning Media Ltd – Aspects of Contract and Negligence for Business Course book, Business and economic tort – Negligence, chapter 13. Business essentials – Supporting HNC/HND (2010) - London: BPP Learning Media Ltd – Aspects of Contract and Negligence for Business Course book, Business and economic tort – Occupiers’ liability, chapter 13. Business essentials – Supporting HNC/HND (2010) - London: BPP Learning Media Ltd – Aspects of Contract and Negligence for Business Course book, Defences and remedies in tort – Unavoidable accident - case Stanley and Powell 1891, chapter 14.