Saturday, 29 January 2022

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. 



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