TORT LAW

Aspects of Contract and Negligence for Business

Aspects of Contract and Negligence for Business

Contractual liability and liability under tort

Main Body

A tort is an offence which is legally wrong. It is one of the main branches of civil law, whereas other branches include property and contract law. Normally as far as criminal laws are concerned, in these laws the claimant is state and in these cases if the defendant is found guilty than he or she is sentenced to a different sort of punishments. Irish tort laws are civil laws that deal with the issues that takes place in normal day life related to business, property etc. These issues normally takes place between two parties, these two parties can be either two businesses or to ordinary persons. In tort laws, one party is a victim of something wrong and it comes towards court to receive compensation. Court then contacts the second party and proceedings take place, the second party is either supposed to pay the damages or to prove themselves innocent. There are two types of torts either any wrongful activity is done intentionally such as to defame any one and the other one are done unintentionally such as negligence.

In Irish tort normally civil and private offenses are referred in which the court provides compensation to the plaintiff in order to overcome their losses. There are some torts that are considered as a crime. However, the breach of contract does not lie under the umbrella of tort law. In Irish tort cases, the claimant must prove that something was done with him or her intentionally or unintentionally. Whereas in contract liability there is no requirement of such proves.

Comparison

Strict liability is a principle that holds a person liable for the losses caused by his or her acts and personality. Strict liability has got importance in tort law, chiefly in product legal responsibility suits. It has also gotten significant importance for criminal and corporation laws. Strict liability application can be seen normally in hazardous activities for example animal owners and product manufacturers. For example, animal owner will be responsible for their animal if they provide any sort of damage and injury to any other person. No matter how much training he gives to his dog and how many precautionary measures he takes. The dog owner will be strictly liable if his dog bites any other person. The purpose of strict liability is to reduce the rate of improper product development, immature behavior and animal control. Strict liability is followed to prevent people from injuries and losses (Van Dam, 2006, p.255).

Although the Irish tort laws and contract laws both deals with the obligations. Difference between them can be found as in the case of contract the obligations are between two different parties, whereas tortuous liability is imposed by law. The distinction between the tort and contract can be viewed by the definition given by (P.H. Winfield, 1931, p.189). Torturous liability is due to the breach of duty which is mentioned in law; ...