In this discussion forum you will demonstrate that you can describe elements of the cause of action and various defenses for breach of contract and contrast that with the cause of action in a tort action
In this discussion forum you will demonstrate that you can describe elements of the cause of action and various defenses for breach of contract and contrast that with the cause of action in a tort action. For example, a review of the law of negligence reveals that for a plaintiff to have a cause of action, the following elements must be shown: 1. the defendant must have a duty of due care toward the victim, 2. that duty must have been breached (a careless act), 3. the defendant’s careless act must be the actual cause of the damages, 4. the defendant’s careless act must be the proximate cause of the damages (i.e., the damages must be foreseeable), and 5. damages must have been sustained. For a cause of action in a contract, you must establish the following: 1. The existence of a contract; 2. Performance by the plaintiff or some justification for nonperformance; 3. Failure to perform the contract by the defendant; and, 4. Resulting damages to the plaintiff. In 100 -200 words describe how these cause of action are similar and how are they different. How would you determine which cause of action to apply in different cases?
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