***Make distinction between Tort and Breach of Contract.
June 03, 2014
Tort:Tort is a civil
worng which is redressible by an action for unliquidated damages and which is
other than a breach of contract or breach of trust
Breach of Contract :Breach
of contract is a failure without legal excuse,to perform any promise that froms
all part of the contract.
Tort
And Breach of Contract
Distinguished:
Both tort and breach of contract ase alike,in as mach as in
both ,there is an infringement of private rights.Moreover,in both action is
taken by person injured and the remedy
is by way of compensation or damages .The following are, however nine
points of difference between the two:
1.Nature of right infringed:A tort is violation of a rigt in
rem,I e.,a right exercisable against the whole world, where as a breach of contract is an infringement of a
right in personam,i.e.,a right exercisable against a definite person or
persons.
2.Duty: In Tort duties are fixed by law.Duties are towards
persons generally .On the other hand.In contract duties arise due to voluntary
agreement between the parties.They are towards a specific person.
3.Concern with :Tort law is concerned with losses where as
contract law is concerned with promises.
4.Limitation:In a tort,limitation begins to run form the
date.When dmages occurs.In a contract,limitation concerns much earlier when the
breach of obligation takes place.
5.Intention:Intention is sometimes taken into Consideration
for tort.Intention inn case of breach of a contract,is of no relevance.
6.Consent:A tort is inflieted against or without
consent,while a contract is founded upon consent .
7.Privity:A contract necessitates the privity between the
parties to it in tort no privity is
needed.
8.Remedy:Damages recoverable are unliquidated and uncertain
in amount.They may be punitive seavey.Damages are compensatory but not
punitive(except in case of breach of promise to many)
9.Motive:In the case of a tort,it is often taken into
consideration,while in the case of breach of contract the moive of the
defendant is generally ammaterial.