What is the difference between breach of contract and a tort?
Breach of contract and a tort are two different legal concepts. Breach of contract is a violation of a written or spoken agreement between two or more parties. A breach of contract occurs when one of the parties fails to do something that they have promised to do, or does something that is not in accordance with the agreement. When a breach of contract occurs, it is up to the non-breaching party to try to recover damages, usually through a court-ordered remedy. A tort, on the other hand, is a civil wrong that is independently actionable. This means that the injured or aggrieved party can file a civil suit against another party, even if no contract exists. Torts can include negligence, intentional infliction of emotional distress, and defamation. The key difference between breach of contract and a tort is that breach of contract requires the existence of a contract, while a tort does not. A tort also can be committed even if the person committing the tort does not intend to do so. In contrast, a breach of contract occurs when a party knowingly fails to fulfill their contractual obligations. In Arizona, each party is responsible for damages caused by their own breach of contract or tortious action. Therefore, it is important to understand the differences between the two.
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