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Compare between tort and contract
Let us learn about the tort and contract before understanding the differences between them.
Contract
It is a set of promise/promises which is legally enforced between parties. These are enforceable if any party is affected or injured then they are allowed to access legal remedies.
A contract consists of offer, acceptance of offer and considerations and mutual agreements. According to contract law, it recognizes and governs rights and duties which arise from agreements or contracts between parties.
Some contracts can be orally binding. Formalities in most contracts are signing, entering date of signed contract
Tort
Tort is nothing but any wrongful act which leads to legal liability. It also infringes one’s right when they are in contract.
Comparisons
- Contracts means set promises which are enforced by law if any eventuality arises while tort means set of legal remedies that entitles parties to recover from damages, injuries etc.
- In contract, obligations and rights are results of agreement between parties whereas in tort obligations and rights are created and common law is applied
- In contract, duties are determined by parties whereas in tort duties are determined by law. Duties in contract are towards specific persons whereas in tort duties are towards at large to owed persons or community.
- Minors in contract are liable but it is limited whereas in tort minor can be sued and damages are paid from their property.
- In contract privity exists whereas in tort privity does not exist
- Motive of breach is immaterial in contract law whereas in tort motive is taken into considerations.
- Damages in contract law awards liquidated damages whereas in tort damages are real or contemptuous.
- Period in contract is from date of contract was breached whereas in tort period is limited.
Differences
The major differences between tort and contract are as follows −
| Sr.No | Tort | Contract |
|---|---|---|
| 1 | Legal remedies allow a victim to recover from losses/injuries/damages. | It is a set of laws (a law which can be imposed). |
| 2 | Rights and obligations result from common law created by the court. | Rights and obligations result from agreement made between parties. |
| 3 | Duties determined by law. | Parties determine the duties. |
| 4 | Minors can be sued and damages are recovered. | Minors are limited in liability. |
| 5 | Privity must exist. | Privity is not needed or does not exist |
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