First Principles of Business Law

Question 4.

On the known facts, could Miles choose to bring an action in tort against Peter for Negligence, rather than an action for breach of contract?

 (a) Yes. As long as the essential elements for liability in tort can be established on the facts, the possibility of an action based on breach of contract is irrelevant.

(b) No. If the parties to a dispute have a contractual relationship, neither party is allowed bring an action in tort against the other. 

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