Focusing on the idea of civil liability as the creation of vulnerability, however, offers a more promising approach to understanding the relationship between theories of tort and contract. These fields are not united by a common set of core substantive doctrinal concepts. For example, the idea of reasonable care which lies at the heart of negligence doctrine has no clear analogue in contract doctrine, where liability is triggered by breach, regardless of fault.124 Nor are tort and contract clearly unified by a common set of normative goals. To be sure, there is some overlap, but it seems unlikely
that tort and contract can be traced in their entirety to some common set of normative concerns.125 What unifies these fields is the concept of civil liability. What they share is the common outcome of a successful suit in the fact of civil liability and the fact that the basic structure of civil liability is the same across different areas of law. Hence, successful plaintiffs in both contract suits and tort suits acquire the ability to do certain things to defendants which were previous forbidden. Civil liability renders both tortfeasors and contract breachers vulnerable to attack.