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Is a Breach of Contract a Tort?

by | Apr 12, 2023 | Small Claims Process | 0 comments

Today, we delve into a frequently debated topic that confuses people trying to understand the complexities of law: Is a breach of contract a tort? Understanding a breach of contract and what a tort is can be difficult, but this blog will help clarify things.  

A breach of contract happens when one side doesn’t do what was agreed to, resulting in harm to the other side. A tort happens when one side causes harm to the other side’s body, property, or reputation.   

Suppose someone breaks an agreement and harms the other side’s body, property, or reputation. In that case, the situation can be both a breach of contract and a tort. In simpler terms, it means that if someone breaks a promise and physically harms you, damages your property, or ruins your reputation, you can consider it both a contract violation and legal wrongdoing.

Breach of Contract vs. Tort

A claim is an assertion to the court that someone violated a legal rule. An essential difference between a breach of contract and a tort claim is the kind of damages a court will award. In a tort claim, the court will give you money to cover the harm they have suffered as a result of the tortious conduct done. These may include compensatory, punitive, and nominal damages. 

In a contract claim, the court will only give you money to cover the promise the other party did not keep. The injured party typically finds themselves in the same position as intended under the contract because a breach of contract usually causes damages. These may include compensatory, consequential, and liquidated damages. 

Since breach of contract and tort rules can apply to some incidents, individuals can pursue both claims simultaneously in court. 

For example, suppose the breach of contract involves fraud or misrepresentation. In that case, one can pursue a tort claim of deceit or fraud if the breach of contract involves the intentional infliction of harm or damages, a tort claim of intentional interference with contractual relations.

In summary, breach of contracts and torts are two distinct legal rules requiring corresponding proof. Whether an incident that satisfies the breach of contract legal rule requirements also meets the tort legal rule requirements will depend on the specific facts and circumstances of the case.

If you believe someone has breached a contract with you, take the first step to claim what you deserve by sending them a letter of demand. While lawyers charge hundreds of dollars for this, you can do it for free with JusticeDirect! 


Still, trying to figure out where to start? 

Take action, get started on JusticeDirect.com




The quest for justice is never easy, particularly when it comes to getting your money back. However, thanks to advances in technology, it has become easier. Quest for Justice’s first app, JusticeDirect, is the only app of its kind designed to support people without lawyers to resolve their disputes and get their money back, both in and out of court. The first step to getting money back is through a letter demanding payment from the other party JusticeDirect offers customizable demand letters for free. If the letter demanding payment does not work, then the next step is taking them to court. JusticeDirect* will guide users every step of the way through the small claims court process by helping them:


  1. Understand the legal process;
  2. Evaluate the pros and cons that come with taking someone to court;
  3. Generate small claims court forms; and,
  4. Avoid common mistakes when filing your forms and serving notice on the other side.
*Currently, JusticeDirect can only help litigants sue in California’s small claims court.

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