2006-08-21 13:06:06 · 2 answers · asked by ric w 1 in Politics & Government ➔ Law & Ethics
No, why would it be? You could say the other party was negligent (assuming they were), however, there's no need for a contract (or breach of same) in a personal injury case.
2006-08-21 13:39:51 · answer #1 · answered by Inquisitor-2006 5 · 0⤊ 0⤋
Personal injury describes the type of incident that gives rise to the civil suit. The actual claims are usually based on either negligence or products liability, both of which are torts.
Breach of contract is an entirely unrelated claim. Generally, if negligence applies, there is no contract involved. So, in situations where the actions are a breach of a contractual duty, they are not often also a breach of a duty of care (the negligence standard).
Of course, a given factual situation may give rise to multiple different causes of action. But that particular combination is uncommon.
2006-08-21 21:00:19 · answer #2 · answered by coragryph 7 · 0⤊ 1⤋