Friday, 27 May 2022

Distinctions between Tort and Contract

 The Distinction between Tort and Contract



Meaning of Tort:

Tort has been defined as twisted, crooked, or unlawful conduct. It has been derived from the Latin term “tortum” which means to twist.

This tort is conduct that is not straight or lawful.

It is a civil wrong, based upon the interplay between legal rights and duties.

According to Sir John Salmond “Tort is a civil wrong for which the remedy is an action for in liquidated damages and which is not exclusively a breach of contract or breach of trust.

Meaning of Contract:

A contract is a legally enforceable agreement that creates, defines, and governs mutual rights and obligations among its parties. 

A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. 

In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honored.



Tort

On the Basis of

Contract

Duty is fixed by law.


Duty 

Duties feels by the parties themselves.

Duty towards every person of the society.


Duty towards specific person or persons.

Tort is a violation of “Right in Rem”.



Violation

Breach of contract is an infringement or violation of “Right in Personam”.

Tort is committed against or without consent.






  Consent

Contract is based on consent of parties. “consensus-ad-idem” which means a meeting of minds.

In an action, for tort, no privity is needed or is required to prove.




Privity 

In breach of contract privity between the parties must be proved.

In an action for tort remedy is always liquidated damages.  The Courts decide as per its discretion.





Remedy

In breach of contract damage is generally liquidated. Liquidated means pre-decided, pre-determined, and prefixed.


The similarity between tort and contract is that both are civil wrongs whose remedy damages.


Conclusion: 

Tort and Contract both are Civil wrong but still there are some distinctions between the two. 

We have discussed about tort and contract in detail. We understood the basic meaning, definitions, responsibilities and does both require consent or not.


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