procedural law and substantive study of confluence and choosing tortiuous and contractual liability with respect to contract parties

where the debtor fails to perform the contract, he would have contractual liability. (this amount to contractual liability of the debtor) can debtor have the right to ignore contractual liability and invoke for tortuous? right to choose is definitely raised where non-performance of contract amounts to contractual liability as well as tortuous liability. some confirm this right to choose and give the affected person right to choose the best basis in this regard and others consider this right against the parties' will. where the debtor fails to perform the contract, he would have contractual liability. (this amount to contractual liability of the debtor) can debtor have the right to ignore contractual liability and invoke for tortuous? right to choose is definitely raised where non-performance of contract amounts to contractual liability as well as tortuous liability.