What is the Independent Tort Doctrine?

Contracts are an effective way to ensure that parties to them adhere to their legal responsibilities. In turn, the contract provides both parties with legal rights and potential remedies should a breach occur.

Nonetheless, there are several ways to lodge a legal claim, and the law of tort is one potential avenue. Tort law aims to compensate individuals who have suffered harm, often due to negligence.

Nonetheless, tort law is a separate area of law from contract law, and claims in tort and claims for contract breaches cannot mirror one another. This principle is enshrined in the Independent Tort Doctrine.

An example of the Independent Tort Doctrine

When you enter a store and buy an item, you also enter a contract with the retailer. This is the case for almost every transaction that people make each day. The same can be said if you enter a store to have services carried out, such as having your cell phone repaired.

If the store agrees to repair your phone, yet does not carry out those repairs, despite you paying for them, they have breached their contract. You have legal recourse through a breach of contract claim. However, because of the Independent Tort Doctrine, you cannot also state that the store has been negligent in not repairing your cell phone.

Your remedy in the situation above would be a breach of contract claim and not a tortious claim. To file a tortious claim, you would have to show an independent act with the breach of contract.

Legal disputes based on contractual breaches or torts can be complex. That’s why it’s important to have legal guidance behind you. To find the best remedy for your circumstances, it may benefit you to call us today and discuss your options. We help businesses understand their options when disputes arise.