3.

1 Contrast liability in torts with contractual liabilities:

The law of tort is give various right for person who has harmed or injured another party. When a tort is committed, the remedy is an action for damages. Therefore, the injured party sue for compensation or money. It is usually the result in the liable party and related to duty of care and negligence. In order to be successful in negligence claim, the claimant must be prove the defendant was in breach of that duty and the damage was not too remote. On the other hand, the law of contract to ensure the right of both parties and the valid of contract. It occur when two or more party make agreement and give the consideration. If other party breach of contract, their liability are pay damages. Related to case one, it is a good example to understand the contrast of tort law and contractual law. 3.1.1 The similarities: First, the tort and contractual law have similar is both civil wrong. Both of them are also involve the breach of duty. Contract law and tort law both exist under civil law, policing individual relationships which may arise between businesses or businesses and individuals. The main reason for claimant sued in the court for compensation. For contractual liabilities, if both parties fail to perform of their duty then the court will prescribe a suitable remedy for the breach. Refer to case one; the bodyguard hurts other person so his company should have responsibility for his action. Therefore, Mr. Van Dao just only can claim the SECurity Company for his damages. 3.1.2 The differences: However, the tort and contract law have some differences that can be analyzed in the following: Contractual liability Tort liability

Party will have a compensation for breach of The claimant can only claim damages from contract. the cause of injury.

The claimant and defendant must be the party In tortious claim the defendant may be not of contract have a direct relationship with the claimant.

It is so difficult for third party can involve When other person as third party who has also into the contract. suffer the damages then they can claim for compensation. There is more freedom in contractual law In tortuous liability, it is more of imposed

nature Table 1 The differences between contractual liability and tort liability Related to case study, VJSC engage SP Company to celebrate their event in TB Exhibition & Convention Centre. In order to ensure the security, SP Company is also engage other company is SECurity so they make contract for this event. Therefore, both of parties should not breach a contract and ensure the duty of care. Moreover, when other party do not follow the condition and term of contract, party can claim the damages for breach. On the other hand, the tort liability in this case is the cause damages of Mr Van Dao. SP and SECurity will have liability to pay the compensation for victims. However, Mr Van Dao is also break the rules when try to enter the VJSCs are. This is the reason why, company should have method to decrease the risk and ensure the safety and health of person include employer and visitors.