The Concept of Fault in Contractual Liability and Tort

There is no doubt that the “fault” is the base of liability. So analyzing its concept and nature is very important. In Civil Code, Civil liability Act of Iran and Doctrine we can find some about the concept of fault. Its concept has a close relationship with “custom” and “usage” which differ from a community to another. In this article, the concept of fault in both types of liability (contractual and tort), with emphasizing on the advantages of contractual one, has been discussed.