By Anthony I. Shin, Esq. | Attorney at Law | Shin Law Office
When you walk into my office with a legal problem, one of the first questions I ask myself is this:
“Wait, is this a contract issue, or is it a tort?”
Okay, well, I know that’s a lot of legalese—but the difference matters to how I build your case and fight for your rights.
So let’s get into it.
Contract Law 101
A contract is a legal agreement between two or more parties.
That could be people or businesses.
It spells out what each party has agreed to do.
That could be payment for services, delivery of goods, or completing a job on time.
If someone doesn’t do what they promised, that’s a breach of contract.
And that’s where I come in—to hold them accountable.
Example:
Let’s say a builder agrees to renovate your kitchen by a specific date and doesn’t finish the job, or walks away completely. That’s a breach of contract.
What I Look At:
- Was the contract in writing?
- What did each side promise?
- Did someone fail to do their part?
- Are damages (money losses) clear?
What Is Tort Law?
A tort happens when someone causes harm to another person, not because of a contract, but because of carelessness or wrongdoing.
Tort law covers things like:
- Car accidents
- Slip and falls
- Defamation (saying something false that hurts your reputation)
- Fraud
- Assault or battery
In these cases, there’s usually no agreement in place. Instead, I focus on whether someone had a duty to act responsibly and failed to do so.
Example:
If someone runs a red light and hits your car, they didn’t break a contract, but they did break the law and caused harm. That’s a tort.
What I Look At:
- Did someone have a duty to act safely?
- Did they act carelessly or recklessly?
- Did their actions cause harm?
- What are the injuries, costs, or losses?
So, What’s the Real Difference?
Here’s the big picture:
| Contract Law | Tort Law | |
|---|---|---|
| Based on | An agreement (written or verbal) | Legal duties everyone has to act carefully |
| Examples | Breach of contract, failure to pay | Car accidents, personal injury, fraud |
| Goal | Enforce promises | Compensate for harm or injuries |
| Damages | Usually financial | Can include pain and suffering, emotional |
| Duty Created By | The contract itself | The law (even without a contract) |
Why It Matters in Court
Knowing whether your case is a contract or a tort changes everything about how I handle it:
- Filing deadlines are different
- Types of damages you can recover are different
- Legal strategy is very different
- Burden of proof may vary depending on the claim
In some cases, I may argue both—a breach of contract and a tort, especially if someone not only breaches a deal but also acts in a deceitful or harmful manner.
How I Handle These Cases
Whether it’s a contract or a tort, I follow the same rule: I build the strongest case possible.
- I gather evidence early—contracts, emails, photos, witness statements
- I look for patterns—what went wrong and when
- I talk with experts if needed—doctors, contractors, accountants
- I prepare for settlement, but I’m ready for court
The key is clarity. The more transparent the story, the stronger your case.
Final Thoughts
Legal issues can feel confusing, especially when you’re unsure whether you have a claim at all.
That’s why I don’t just give you legal advice.
I will explain your options in plain English.
If you’ve been wronged—whether someone broke a promise or caused you harm—I want to help.
Let’s figure out if your case is a contract claim, a tort claim, or both.
You don’t have to navigate this alone.
— Anthony I. Shin, Esq.
Principal Attorney | Shin Law Office
Call 571-445-6565 or book a consultation online today.
