General Insurance✓ Verified · outline & fact-checked · Sep 2026Difficulty 2/5
A tort such as negligence differs from a breach of contract because a tort duty is:
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
Tort duties are imposed by law on everyone — the duty to act with reasonable care, to avoid injuring others — whether or not any agreement exists. Contract duties, by contrast, arise only from the parties' voluntary promises. This is why a negligence claim can exist between strangers who never contracted, while a benefit claim requires a policy.
Why the other options are wrong
- B) Tort duties arise by operation of law and need no written document.
- C) Torts bind everyone, not only insurers; insurers are not the only possible tortfeasors.
- D) Tort law provides money damages to injured parties as its primary remedy.
Memory hook
Tort = duty by law. Contract = duty by handshake.