Tort vs Contract
5 years ago
Loss caused to a company due to professional misconduct of an employee. Is professional misconduct treated as a tort or a contract for the purpose of right to sue legal heir upon death of deceased.
A.The beauty of Law of Tort is that wherever it is not possible to ascertain the loss or damage suffered by a person under any provision of prescribed law then the relief for such a damage or loss can be sought under the Law of Torts. Etymologically Tort means TWISTED -not straight and in legal sense it means an injury, wrong or injustice.
In your case if the employment contract mentioned about professional misconduct as part of the terms and conditions and the related damages or penalty then it would come under the law of contract. And under this law only the employer can be sued or penalized but not the legal heirs.
Depending on what kind of injury the other party has suffered if they want to sue the legal heirs of the employee then on high level, as per my understanding it can be done under the Law of Torts.
In your case if the employment contract mentioned about professional misconduct as part of the terms and conditions and the related damages or penalty then it would come under the law of contract. And under this law only the employer can be sued or penalized but not the legal heirs.
Depending on what kind of injury the other party has suffered if they want to sue the legal heirs of the employee then on high level, as per my understanding it can be done under the Law of Torts.
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A.Dear Client,
Please have a look.
A bench of Justice AK Sikri and Justice Ashok Bhushan observed that even in case of trial of summons case, it is not necessary or mandatory that after death of complainant, the complaint is to be rejected in exercise of the power under proviso to Sec 256(1), the magistrate can proceed with the complaint.
As the complaint alleged offences under sections 420, 467, 468, 471, 120B, 201 and 34 IPC, the court also observed that there is no provision in Chapter XIX ‘Trial of warrant cases by Magistrates’ that in the event of death of complainant, the complaint is to be rejected.
Shanti Ranjan Behera
Advocate
Please have a look.
A bench of Justice AK Sikri and Justice Ashok Bhushan observed that even in case of trial of summons case, it is not necessary or mandatory that after death of complainant, the complaint is to be rejected in exercise of the power under proviso to Sec 256(1), the magistrate can proceed with the complaint.
As the complaint alleged offences under sections 420, 467, 468, 471, 120B, 201 and 34 IPC, the court also observed that there is no provision in Chapter XIX ‘Trial of warrant cases by Magistrates’ that in the event of death of complainant, the complaint is to be rejected.
Shanti Ranjan Behera
Advocate
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Rameshwar Dadhe
Responded 5 years ago
A.It will be tort
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A.Dear Sir,
It is purely a contract and as per the terms of service written agreement or implied agreement you are entitled for compensation.
It is purely a contract and as per the terms of service written agreement or implied agreement you are entitled for compensation.
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