Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Tort, Contract And The Allocation Of Risk, Joost Blom
Tort, Contract And The Allocation Of Risk, Joost Blom
All Faculty Publications
Tort and contract, although both descended from a common ancestor in the forms of action at common law, are generally regarded as distinct species of civil liability. A tort is an act or omission that is marked by fault - either intention or negligence. There are also a few strict liability torts - where fault is not required - but they are rare. The damage for which tort provides a remedy is usually physical - either personal injury or property damages - albeit with consequential financial losses included. Pure economic loss remains an exception. Contract is not fault-based. Liability rests …