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What are the different between tortious liability and contractual liability?
Jahidiqbal
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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Strict liability and tortuous liability?
Strict liability is a form of civil liability, similar to negligence. The main difference between strict liability and tortious liability is that you can be held liable for any harm resulting from certain activities without any fault, simply because the activity falls within the classification of strict liability. Most states have adopted strict liability in some form, and activities that qualify fall into two general categories.
What a contractual brief?
A contract brief is between the client and employees. The contractual brief explains the duties required and how the company's schemes its work. The contractual brief explains how the much employee will receive. The contractual brief includes areas such as what the employee is agreeing before signing it. A contractual brief must also include the general liability insurance. it is a legal contract between advertising companies and its client which describes the duties required as well as the price and payments terms.
What is a contractual brief?
A contract brief is between the client and employees. The contractual brief explains the duties required and how the company's schemes its work. The contractual brief explains how the much employee will receive. The contractual brief includes areas such as what the employee is agreeing before signing it. A contractual brief must also include the general liability insurance. it is a legal contract between advertising companies and its client which describes the duties required as well as the price and payments terms.
Does a joint venture have to be incorporated?
No, a joint venture can take many forms. It may simply be a contractual relationship between two companies, or it may be a separate corporation, partnership or limited liability company.
A contractual business arrangement between a manufaturer and a dealer is called a?
a contractual business attangement between a manufaturer and a dealer is called a FRANCHISE
What is the different between separate legal entity and limited liability?
i dont im loooking for it
What is the difference between a mere representation and a term of the contract?
A mere representation is a statement made during negotiations but it may not form part of the contract. A mere representation (if breach) will not give rise to contractual liability whereas a term of the contract will.
What is the difference between contingent liability and off balance sheet liability?
There is no difference between Contingent Liability and Off Balance Sheet Liability.
Contractual rights and duties are created by?
Contract between parties
What is the difference between regualar and contractual employee?
An employee who employed under the boundary of limitations with lack of future securities known contractual employee.
Is there a difference between public liability and third party insurance?
difference between third party liability and public liability
What ways does the legal relationship between the parties in tort different to the relationship on contract law?
The legal relationship between parties differs between tortious law and contract law. Tort law is designed to compensate those who have suffered a loss or injury due to another person's wrongful act. Contract law is encourages competent parties in a contract for lawful objectives, contract law deals with the relationship made between parties when forming a contract of norms. Common law governs all contracts except when it has been modified or replaced by statutory law or administrative agency regulations. The main difference in liability between both laws, is in contract law the parties should have a contract between them where one party can claim liability for the breach of contract made by another party. In tortious law, one party can claim liability from the other party without having a contract between them; tort law is a law of "personal wrong". In some cases contract law and tort law can be connected, for example, in professional negligence, a doctor has a duty of care and a oral contract (offer and acceptance) between him and the patient when performing a surgery, and if he didn't follow professional duty of care he's liable under tort and contractual law for strict liability. In a contract, the terms determine the liability of both parties and the nature of agreement, in tort law it is the duty of care that is applied when determining liability. In case of damage in contractual law, court checks the agreement contract between parties and what reasonable contemplation of the parties at the time of contracting. In case of damage in tortuous law, court tests the remoteness of the damage or what was foreseeable at the time of negligence.The legal relationship between parties in tort law is referred to as a "special relationship" which may exist in a number of situations, for example: There is a special relationship between an employer and employee, between individuals, between doctor and patient (professional relationship), and between a manufacturer and consumer. Lord Atkin in the case Donoghue v Stevenson (1932)discussed earlier, formed "The Nieghbor Principle". This principle states that an individual must take reasonable care to avoid acts of omissions which can possibly injure your neighbor. For example, while driving on the road, your supposed to take duty of care to avoid an act of omission which can harm your neighbor (neighbor is referred to any road-user on the road that you have a special relationship with). In contract, The legal relationship between parties in a contract is determined by all parties and law would abide the contract as long as the contract is fair and valid.
