Skip to main content

Differences between breach of contract and tort

 Differences between breach of contract and tort in the cases of concurrent liability. 

CONTRACTS 

Contracts are binding legal agreements that are founded on consent of the participating parties. 

Breach of a contract is an infringement of a right in personom (right available only against some determinate person or body and in which the community has no concerns. 

The  motive for a breach of contract is immaterial (could be of unknown or unexpected circumstances)

The  motive is not essentially a deciding factor  to determine a breach of contract as compensations  are not expected in cases of fraud, mistake, coercion and undue influence. 

In breach of contract all the parties to a contract have a duty of care towards each other. When this is violated then a brach of contract takes place 

Breach of a contract results breach of trust of the parties participating only, it does not affect  the public at large. 

The liability in breach of contract is material, it is not punishing or actionable by law. 



TORTS 

Tort is a civil wrong, for which remedies are imposed for recovering damages caused by it . Tort is inflicted upon a person without their consent. 

Tort is a violation of right in rem ( right vested in a person, either personally or as a member of the community) and available against the world at  a large.  

The motive of violation of tort is material in most cases where the tortfeasor performs actions intentionally. 

Motive plays an important factor in deciding the liability in torts for instance, the tort of  malicious prosecution, defamation, battery and malice, are all conducted due to intent or motive to cause damage .

In torts the duty upon the person can be to a person, group or community or the world  as a whole and when this duty is violated then damages will occur to the aggrieved parties. 

Violation of torts is the violation of duty towards the law and the  state at large. 

Breach of tort on the other hand is liable for compensation both for material damages and non pecuniary damages through compensation and punishments imposed by law. 



Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...