Resolution Between Breach Of Contract And Personal Injury-in The View Of The Application Of Tort Law

In some injuring performance cases of existing contractual relationships, theresponsible person’s responsibility undertaking will come up with the concurrence ofliabilities. Every country has its different approaches with these cases. The thesis arguesthat the law should allow aggrieved parties to assert their rights by making a free choiceaccording to the different functions of the different legal and value orientation. Tort Lawand Contract Law belongs to different areas of value in legislation, have different sourcesof legal obligations and liability reasons, and respectively compensate for the damagedinterests. Since parties in different circumstances have the freedom of choosing theapplicable law, there will be some gray area in the partition of the legal department andthe exploitation of the legal function in the special circumstances, even will cause theconflict on divisions and the field of expansion among legal norms.The typical situation is the appearance of injuring performance between the parties ofthe contract. Injuring performance mentioned in this article, refers to injuringperformance which does not conform to the tenor of the contract within debtor’sperformance, resulting in damages of interests of the detriment of creditors to fulfill aswell as the inherent interest of the creditors.. In this case, theoretically, the parties candetermine their claim by comparing the interests according to the differences elements ofdifferent legal responsibilities, remedies, the consequences of the application of law.In practice, most courts deal with the traffic accidents, medical malpractice, andinfringement of the health of consumers in the light of infringement cases. But in somecases, dealing with such disputes as contract disputes will be more efficient. Moreover,the court can also be in accordance with the parties’ proposal to compensate the benefitswhich have been infringed on. The Tort Law t becomes more and more widely applicablein practice. As the inherent damage to the interests of the victim in injuring performance;the development of the Tort Law is broad and necessary. We should respect the choice ofthe parties, as the expanding scope of application of the Tort Law, it’s necessary toadhere to the independent status of contract law. However,the application of the TortLaw needs to be careful.It is a normal phenomenon that the Tort Law, as an act of relief of infringed rights,infiltrates into the areas of the field of consumer protection and contract law system. Attention should be paid to the importence of the Tort Law in such cases. We cannotdeny the independence and existence value of a law. The mutual impact between thejurisdictions is inevitable, but in practice, we should apply to the various sectored lawsprudentially in order to maintain the establishment of the civil law system as a whole,making the running of the civil law system as a whole is a harmonious entirety.