Question
Would you agree with the following information about Contract law and tort law, Why? Contract law and tort law can overlap through the act of
Would you agree with the following information about Contract law and tort law, Why?
Contract law and tort law can overlap through the act of negligence. Once there is an agreement and the contract is established there is an obligation from both parties involved to follow through with the agreement. If one person fails to provide what is agreed upon or go against the contract in any way, negligence is then present. Through a contract, the offeree and offeror are agreeing to all terms in a clear understanding,"in contract law there is a duty to mitigate damages in a negligence action. This means that plaintiffs have to take all reasonable steps to keep their damages as low as possible. If they fail to do this, their damages will be reduced to the amount they would have received had they properly mitigated." I believe that this would be beneficial to the plaintiff and defendant. Contract law regarding negligence looks at the inability to act with the amount of caution that a person would have shown in the situation. Tort law in negligence must be proven that the defendant owed the plaintiff a duty of care and the person's careless responsibility under the circumstances. All aspects will be looked at and considered to make the best judgement regarding the situation, this would result in a fair and even decision.
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