How to distinguish between liability for breach of contract and liability for tort in property management contract disputes

In judicial precedents, there is also a phenomenon of blindly classifying responsibility as liability for breach of contract. For example, there are many cases in which property management companies bear huge compensation liability for personal or property damage caused by owners in residential areas. Although from the short-term effect, it is of positive significance to protect the rights and interests of owners. But in the long run, this casts a shadow over the long-term orderly development of the property management industry, and ultimately damages the rights and interests of the owners. The author believes that the liability for breach of contract and tort in property management contract disputes should be clearly defined and dealt with separately, which is conducive to safeguarding the long-term interests of both property and owners. The so-called liability for breach of contract refers to the legal liability that a party to a contract should bear in violation of the contractual agreement between the two parties, which is generally no-fault liability, that is, whether a party to a contract is at fault is not the criterion for judging. Tort liability is mostly fault liability, based on whether the infringer is at fault or not. Different identification of liability for breach of contract and tort will have different legal consequences and directly affect the realization of the interests of the parties. Tort liability disputes arising from property management activities are mainly brought by owners who think that the services provided by property management companies are defective, resulting in personal and property damage. Including the owner's home was stolen and robbed, and the vehicles stored in the parking lot were stolen and damaged. Because the infringer can't be found, the owner will generally determine that the property management company has service defects in property management according to the agreement of the property management contract, and ask the property management company to bear the responsibility. According to the Contract Law, the scope of liability for breach of contract should be limited to the losses that the breaching party can reasonably foresee when signing the contract. According to this principle, if the damage caused to the owners is not predetermined by the property management company, the property management company will not be liable. Therefore, if the owner thinks that the service provided by the property management company is flawed, which causes personal and property losses to the owner, it should not be determined according to the liability for breach of contract, so that the property management company will be judged to compensate the owner for personal and property losses.