Robert S. Kelner and Gail S. Kelner Tort Liability for Launching an Instrument of Harm
In this edition of their Trial Practice column, Robert S. Kelner and Gail S. Kelner explore the concept of tort liability arising from what is referred to as "launching an instrument of harm."
September 27, 2021 at 12:00 PM
13 minute read
In this column, we will explore the concept of tort liability arising from what is referred to as "launching an instrument of harm." What is an instrument of harm and how does it apply to a tort case? Ordinarily, contracting parties assume duties to one another. If one of them fails to live up to its contractual obligations, the other party can sue it for breach of contract. But generally, the breach of a contractual duty will not be considered to give rise to a negligence claim, because a contract does not impart a duty of care to members of the public.
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