Contracts & ExecutionQuestion 847 of 1605
A contractor negligently causes a fire that damages a neighbor's property with whom the contractor has no contract. The neighbor's claim against the contractor most likely sounds in:
a.The parol evidence rule
b.Breach of contract
c.The Statute of Frauds
d.Tort (negligence)
Explanation
A duty not to negligently harm others exists independently of any contract; when the contractor's carelessness damages a third party's property, the injured neighbor's claim arises in tort, specifically negligence, not breach of contract, because there is no contract between them. The Statute of Frauds and parol evidence rule concern contract formation and interpretation, not liability for negligently caused property damage.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)