A breach of contract is a legal rule covering an incident where the other party violated an agreement that caused you some harm. A tort is a legal rule covering an incident where the other party harmed your body, your property, or your reputation. This means an incident can be a breach of contract when there’s an agreement involved. An incident can be a tort when harm to your body, your property, or your reputation is involved.
An incident can be both a breach of contract and a tort if an agreement is involved and harm to your body, your property, or your reputation is involved.
A claim is an assertion to the court that some legal rule was violated. An important difference between a breach of contract claim and a tort claim is what 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 that was not kept. That is because a breach of contract damages are typically intended to put the injured party in the same position they would have been in had the contract been performed as intended. These may include compensatory, consequential, and liquidated damages.
Because some incidents are covered by both the breach of contract and the tort rules, both claims can be pursued simultaneously in court.
For example, if the breach of contract involves fraud or misrepresentation, then a tort claim of deceit or fraud could be pursued. Similarly, if the breach of contract involves the intentional infliction of harm or damages, a tort claim of intentional interference with contractual relations.
In summary, it is important to note that breach of contracts and torts are two distinct legal rules with distinct requirements to prove. Whether an incident that satisfies the breach of contract legal rule requirements also satisfies the tort legal rule requirements will depend on the specific facts and circumstances of the case.
If you believe you have been the victim of a breach of contract, the first step in getting what you are owed is by sending the other person a letter of demand. While lawyers charge hundreds of dollars for this, you can do it for free with JusticeDirect!
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NEED HELP WITH YOUR JUSTICE JOURNEY?
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 resolve their dispute 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:
- Understand the legal process;
- Evaluate the pros and cons that come with taking someone to court;
- Generate small claims court forms; and,
- 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.