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Which of the Following Statements Is TRUE with Respect to the Relationship

Question 33

Multiple Choice

Which of the following statements is TRUE with respect to the relationship between tort and contract?


A) A plaintiff who is entitled, on the basis of the same set of facts, to sue in both tort and contract should always sue in contract because contractual damages are always worth at least as much as tort damages.
B) A plaintiff who is entitled, on the basis of the same set of facts, to sue in both tort and contract should always sue in tort because tort damages are always worth at least as much as contractual damages.
C) The concept of privity is fundamental in contract but does not exist in tort law.
D) Damages look backwards in contract but forwards in tort.
E) The obligation to behave in a certain way is considered primary in contract and secondary in tort because contract law historically developed before tort law.

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