General Tortious Liability And Contractual Liability

1552 Words7 Pages
3.1 Described nature of general tortious liability comparing and contrasting to contractual liability
A tort is referred to as a civil or private wrong that may not necessarily be a breach of contract for which a remedy for damages would be given by a lawsuit. For instance, if an individual neglects the statutory responsibility to self and others, it will be said that a tort was committed. The relevance of tort law is driven by legal views of courts, common trends in the society and legal scholarship.
Tortuous liability is similar to contractual liability in different ways. For example:
• The two forms of liabilities have the same structure and
• They both have civil duties that need fulfillment of the same structural factors
• They both
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It is the liability of an individual/entity for the offence of another.
For example if an employee commits an offence out of negligence and a third party gets injured, for example a client, such a client will be able to file a suit against the employer even though the offence was committed by the employee.
In this instance, the liability of the employer is as a result of their voluntary assumption or supposition of the link with the tortuous behavior of their employees as well as the responsibilities that result from that connection. The way they decide to delegate the responsibilities to the employees. In addition, the tort liability that an employer takes for the employee has got nothing to do with whether the employer is a part of the misconduct or not. Furthermore, misconduct is assumed to have been carried out by an employee while at work for any of the following reasons: if the misconduct was authorized by the employer or if the act was authorized but, the method of performance was not authorized. Either way, the employer will be held liable. For example, in the case of Lister vs. Hesley Hall, it was established by Lord Steyn that the important test in an employee, employer relationship is if the misconduct of the employee was closely linked to the employment then, it will be just to hold the
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