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These are separate, although sometimes converging areas of law and liability. Contractual liability means that a party to a contract has somehow breached the contract and when taken to court will be held liable for the contract or at least for the loss to the nonbreaching party as a result of the breach. Tort is a separate type of liability that has to do with civil wrongs and gives a cause of action for the injured party. For example, an individual tripping and falling in a grocery store on a puddle of water may have a tort claim but would not have a contract claim against the store.

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Q: Briefly compare and contrast tortuous liability and contractual liability?
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Briefly Compare and contrast tortuous liability to contractual liability?

There is more freedom in contractual law where as in tortuous liability it is more of imposed nature. The claimant will receive compensation for damages and expected earnings in the case of contract liability where as the claimant can only claim damages as in the case of tortuous liability. 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) whereas in tortuous liabilities any one as a third party who had suffered losses or damages can claim compensation from the defendant.


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