In case of contract the duty is fixed by the will and consent of the parties and it is owed to a definite person or persons. In torts, motive is often taken into consideration. In contract, the ,motive for the breach is immaterial. In torts, damages awarded may be real, exemplary unliquidated or contemptuous. In contract real and liquidated damagews are awarded. Exemplary damages are rarely awarded. The period of limitation in case of torts usually runs from the date when the damage is suffered.
In contract , the period of limitation rems from the date of the breach. Share to Twitter Share to Facebook. Unknown 3 September at Unknown 19 November at An experienced contract attorney can help protect you from legal liabilities, if the other party is claiming a breach, or recover damages to compensate you for your losses.
Either way, you want an experienced contract lawyer representing your interests.. Susan Nerlinger. Susan is a member of the State Bar of California. She received her J. She also taught civil procedure in the Paralegal program at Santa Clara University.
She then taught English as a foreign language for eight years in the Czech Republic. Now she devotes her time to writing on legal and environmental topics. You can follow her on her LinkedIn page. Travis Peeler. Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Choose a Legal Category: Family Law. Real Estate and Property Law.
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Connecting …. Are You a Lawyer? Grow Your Practice. Jose Rivera Managing Editor Editor. Last Updated: Jul 19, Choose Your Legal Category: Family. Criminal Defense. Real Estate. Child Support. Varying personal or economic reasons motivate one to breach his contract, but the general rule is that motives are immaterial and cannot be inquired into on the question of compensatory damages.
Atlantic Richfield Co. In economic terms, the impact is identical — plaintiff has lost the benefit of a bargain and is entitled to recover compensation in the form of contract damages. A party may breach a contract without any third party inducement because of personal, racial, or ethnic animus, or for other nefarious or unethical reasons.
In contrast, a breach may be the product of naive or innocent misunderstanding or misperception created by the aggressive solicitation of an outsider. In any case, motivation is irrelevant. Regardless of the presence or absence of third party involvement, the contracting party has done nothing more socially opprobrious than to fall short in meeting a contractual commitment.
Only contract damages are due. As a law review commentator observes: While the imposition of liability in tort upon the non-party interferer may be justified in all cases for his intentional disruption of the contractual relation, the party who merely breaches his contract should in all cases be exposed only to contractual liability as he has not assumed the role of an intentional interferer.
To impose tort liability upon the contract breaker because of the involvement of a third person when liability is limited to contract damages when the contract breaker is acting alone undermines the policies which have developed limited contractual liability. Tort Law vs. Contract Law LexRoll. Contract Law. Reference Desk Erlich v. Menezes , P. Litton Saudi Arabia Ltd. Revlon, Inc.
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