FlyerTalk Forums - View Single Post - what to do when airline warned me about numerous throw-away ticketing? ($95 vs $497)
Old Sep 21, 2014, 10:18 am
  #762  
durberville
 
Join Date: Nov 2010
Programs: Enough
Posts: 961
Originally Posted by FlyingMBA
It's a bit of a moving target, and I think might depend on local legislation. In my understanding of Canadian law, a BOC is a tort if it wasn't due to negligence, but that could be a outdated.

Any lawyers in the readership here that could shed some light? Just out of interest.
Breach of contract is not itself a tort, however, you can have concurrent liability in contract and tort. Such tortious liabilities would arise from such things as negligent misrepresentation, negligent supply of shoddy goods/services, tort of deceit, etc.

A key distinction between BOC and a tort is that BOC does not, absent an independent cause of action, bring about non-pecuniary damages, where tort actions can.
durberville is offline