Case Study of Tort Law
Task1
What kind of liability do you think Ton should bear in Scenario 1? Contrast liability in tort with contractual liability
Contrast liability in tort with contractual liability.
There are three differences between liability and contractual liability:
A. The difference of base. Contractual liability means that due to the breach of duty, contractual collateral obligation of contract or violates the "contract law" provisions of the obligations. Finding out a contractual liability has to be in terms of contract. However, there are no needs for liability, which point liability are monetary damages that are sought from the offending party. They are intended to compensation the injured party for the injured suffered.
B. Contractual liability is not necessary to prove that if there are some mistakes for one party who breaks a contract, importantly, it is just to indicate whether contract is performed. On the other hand, liability is established on basis of accidence and negligence of party who has tort behavior.
C. The standard and principle of payment is not same. Contractual liability is on the basis of the valid contract, and others are in terms of actual position to pay.
Scenario1
There is liability in this case since Tom injured him badly, which is meant to be tort liability of negligence. In this case, Tom is an employee of the firm, and a teenager wants to steal some sugar from the lorry of enterprise, indicating that his starting point is to protect the property of enterprise, however his behavior is excessive. When a tort is committed the remedy is an action at common law for unliquidated damages (i.e. damages not established by a formula in a contract), which represent such compensation as the court may see fit to award. The principles of tort are based on rights, the related duty to respect them and compensation for infringement. Tort law protects a variety of injuries and provides remedies for them, under tort law; an injured party can
What kind of liability do you think Ton should bear in Scenario 1? Contrast liability in tort with contractual liability
Contrast liability in tort with contractual liability.
There are three differences between liability and contractual liability:
A. The difference of base. Contractual liability means that due to the breach of duty, contractual collateral obligation of contract or violates the "contract law" provisions of the obligations. Finding out a contractual liability has to be in terms of contract. However, there are no needs for liability, which point liability are monetary damages that are sought from the offending party. They are intended to compensation the injured party for the injured suffered.
B. Contractual liability is not necessary to prove that if there are some mistakes for one party who breaks a contract, importantly, it is just to indicate whether contract is performed. On the other hand, liability is established on basis of accidence and negligence of party who has tort behavior.
C. The standard and principle of payment is not same. Contractual liability is on the basis of the valid contract, and others are in terms of actual position to pay.
Scenario1
There is liability in this case since Tom injured him badly, which is meant to be tort liability of negligence. In this case, Tom is an employee of the firm, and a teenager wants to steal some sugar from the lorry of enterprise, indicating that his starting point is to protect the property of enterprise, however his behavior is excessive. When a tort is committed the remedy is an action at common law for unliquidated damages (i.e. damages not established by a formula in a contract), which represent such compensation as the court may see fit to award. The principles of tort are based on rights, the related duty to respect them and compensation for infringement. Tort law protects a variety of injuries and provides remedies for them, under tort law; an injured party can