Can You Sue for Breach of Contract and Tort

Can You Sue for Breach of Contract and Tort?

Contracts are essential documents in business dealings. They set the terms and conditions of an agreement between two or more parties. However, what happens when one of the parties violates the terms of the contract? In such instances, the affected party has a legal right to sue for breach of contract.

Similarly, tort is a civil wrong that causes harm or injury to another party. The harm may be intentional, negligent, or strict liability. In cases where a party suffers harm due to the wrongful act of another, they may sue for tort.

But what happens when a breach of contract also amounts to tort? Can you sue for both breach of contract and tort? The answer is YES.

When a party breaches a contract and also causes harm, the harmed party has the option to sue for both breach of contract and tort. This is because breach of contract and tort are different legal concepts with distinct elements.

Breach of contract occurs when one party fails to fulfill the terms of a valid contract. The non-breaching party suffers a loss or damage due to the failure to perform the contract. The damages may be in the form of lost profits or expenses incurred in trying to mitigate the harm caused.

On the other hand, tort is a wrongful act that causes harm or injury to another party. The harm may be in the form of physical injury, emotional distress, or property damage. The act may be intentional, negligent or occur without any intent.

A party can sue for both breach of contract and tort if the breach of contract also amounts to a tort. For example, if a party breaches a contract to provide services, and the breach also causes harm to the other party, then the harmed party can sue for both breach of contract and tort.

However, it is important to note that the damages sought in a breach of contract claim are different from the damages sought in a tort claim. In a breach of contract claim, the damages sought are intended to compensate the harmed party for the loss suffered as a result of the breach of contract.

In a tort claim, the damages sought are intended to compensate the harmed party for the harm caused by the wrongful act. The damages sought in a tort claim may include compensation for pain and suffering, emotional distress, and punitive damages.

In conclusion, a party can sue for both breach of contract and tort if the breach also amounts to a wrongful act. However, the damages sought in each claim are different. A competent legal practitioner can help guide you in deciding which claim to pursue based on the circumstance of your case.