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.

Related FAQs

What is the process for setting up a joint venture?
What are the different types of corporate liability?
How is corporate finance regulated?
What is the difference between tax avoidance and tax evasion?
What are the basic principles of commercial law?
What is the law on insider trading?
How do I protect my business from fraud?
What is the legal framework for contracts of sale?
What laws govern the exchange of goods and services?
What is the difference between a share and a bond?

Related Blog Posts

Unlocking the Basics of Commercial Law with Key Questions to Ask - July 31, 2023
How to Write a Commercial Agreement with Expert Tips - August 7, 2023
Understanding the Distinction between Private and Commercial Law - August 14, 2023
The Risks and Benefits of Hiring an Attorney for Commercial Law - August 21, 2023
A Comprehensive Overview of Commercial Law: What You Need To Know - August 28, 2023