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Tort and Contract Law

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Tort and contract law are similar in that both involve a breach of duties, and in modern law these duties have blurred and it may not be clear whether an action "sounds in tort or contract". With contract violations, the breach has to do with the duties that have been named in the contract. Tort violations however also involve some sort of breach of duty which can be viewed as the causes of action which are not defined in other areas such as contract or fiduciary law,as in the case of “Donoghue v Stevenson (1932)”. The tort of negligence is the most common type of tort and can be divided into four component parts that the plaintiff must prove to establish negligence.
These componentsare:
• The plaintiff was owed a duty of care through a special relationship (e.g. doctor-patient) or some other principle
• There was a dereliction or breach of that duty
• The tortfeasordirectly caused the injury [but for the defendant's actions, the plaintiff would not have suffered an injury].
• The plaintiff suffered damage as a result of that breach
• The damage was not too remote; there was proximate cause to show the breach caused the damage
Tort laws govern situations where one person has harmed or injured another person. They also cover violations where the party intentionally harmed the other person, such as in a battery claim and also address incidents where the party may be held liable even if they did not act intentionally, such as in negligence claims or strict liability claims which usually result in the liable party paying the victim monetary damages to compensate for their losses.A negligent misstatement is only actionable in tort if there has been breach of a duty to take care in making the statement that has caused damage to the claimant. There is no general duty of care in making statements, particularly in relation to statements on financial matters.…...

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