Legal Answers
Brien Roche
The field of civil litigation is very broad. For the most part, civil litigation consists of either tort disputes or contract disputes.
A tort is any civil wrong of a non-contract nature. Many of these involve personal injury. For instance, if a person is injured in an auto accident as the result of the fault of someone else, that is a tort. Likewise, if a person is killed on a construction job as the result of the fault of some third party then that wrongful death action based on the fault of the other party is a tort. When a doctor commits medical malpractice in the course of a procedure, that is a tort. Likewise, if an attorney commits malpractice in representing a client then that act or omission on his part has the earmarks of a tort but is a contract action.
Contract suits on the other hand arise out of either an express or implied agreement. This is between two or more parties. If the contract is breached by one of the parties then there may be a basis for contract claim. For instance, if you enter into a written contract with your next door neighbor and then your next door neighbor decides that he does not want to go through with the contract, that is a breach of the contract. You may sue the neighbor for that breach of contract.
Legal answers provided by Brien Roche, a personal injury attorney with extensive civil litigation experience. Contact Us today to discuss your litigation matter.
For more information on what is civil litigation see the pages on Wikipedia.
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