Concurrent Liability in Contract and Tort - NCA Exam Reviewer
Liability for Intentional Torts, Negligence ..
A pre-contractual misrepresentation will lead to concurrent liability where a given wrong prima facie supports an action in both contract and tort, and the contract does not indicate that the parties intended to limit or negate the tort duty.
Liability for Intentional Torts, Negligence and Strict ..
The second relationship is one in which the contract stipulates a lower duty than that which would be imposed by the law of tort. In this situation, like the first, there is little point to suing in tort because the tort duty (and consequently any tort liability) is limited by the specific limitation agreed upon by the parties (BG Checo, para 18).
Construction Contracts, Third Party Claims ..
Importantly, a given pre-contractual misrepresentation may, but not must, give rise to liability in both tort and contract (Economic Negligence, 5th Edition, by Bruce Feldthusen, pg 87) (“Feldthusen”).
What is Contractual Liability? - The Balance
Most tort suits do not rely on intentional fault. They are based, rather, on negligent conduct that in the circumstances is careless or poses unreasonable risks of causing damage. Most automobile accident and medical malpractice suits are examples of negligence suits.
lie Concurrently in Contract and Tort?
The fault dimension is a continuum. At one end is the deliberate desire to do injury. The middle ground is occupied by careless conduct. At the other end is conduct that most would consider entirely blameless, in the moral sense. The defendant may have observed all possible precautions and yet still be held liable. This is called strict liability (liability without fault; this may arise when the defendant engages in ultrahazardous activities or where defective product creates an unreasonable risk of injury to consumers or others). An example is that incurred by the manufacturer of a defective product that is placed on the market despite all possible precautions, including quality-control inspection. In many states, if the product causes injury, the manufacturer will be held liable. (2)