An example is Donoghue v. Stevenson (Paisley Snail).
But this case is a little outdated.
laughter_every_day
The most common lawsuit for negligence involves traffic collisions between strangers who have no contract and have never met.
loser1051
A tort is not about contracts. It's about lose and who pays for that. In most cases a minor cause some property damage, you are entitled to recover that from the parents.
Spambi
Contracts are dealt with in contract law. The damages are different -- you don't get punitive damages from a breach of contract.
In tort law you do have to prove that the other party had a duty to you and they were negligent in that duty. The duty could arise because they have a special relationship with you -- parent, bus driver, hotel keeper -- but you don't need to show a special relationship between plaintiff and defendant to prove there's a duty of care. Everyone has the duty to exercise reasonable care so they don't injury other people.
RM
No, the existence of a contract or a special relationship is not necessary when filing a tort case. Anyone who has been damaged or in any way harmed by the negligent act of another can sue the latter.
Orignal From: Do you have to have a contract or a special relationship to sue them for negligence under tort law?
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