Difference Between Tort and Breach Of Contract
1. Introduction:
Tort is a breach of
2. Meaning of tort:
The word tort is derived from latin word "Tortun" which means to twist, to return or to distort.
3. Deinition of tort:
A tort is a civil wrong other than a breach of contract with the law will redress by an award of damages.
4. Definition of Contract:
An agreement enforceable at law is a contract.
5. Distinction Between Tort and Breach of Contract:
(i) Parties:
In case of tort, a person's performance or omission of his act affects another person. On the other hand, only either of parties is affected in case of breach of contract.
(ii) Violation Of Rights:
Private or public rights can be affected in case of tort, whereas only rights of parties to contract can be affectedin case of violation of contract.
(iii) Liability:
In case of tort, liability arises and is enforced according to law and not according to will of persons. But orgin and enforcement of liability depend upon will of parties in case of breach of contract.
(iv) Presence of Contract:
In case of tort, there is no contract between persons. On the other hand, there is some enforceable contract between parties in case of breach of contract.
(v) Unawareness:
Unawareness in not considered a good ground of defence in case of tort, whereas unawareness is considered a good ground of defence in case of breach of contract.
(vi) Compensation:
In case of tort, compensation is fixed according to importance and nature of wrong. On the other hand, compensation is fixed according to conditions of contract in case of breach of contract.
(vii) Rights and Duties:
Law of Tort fixed rights and duties whereas contract dependant on the parties entering into a contract.
(viii) Limitation:
In law of tort limitation of time is one year and limitation of time is three years in contract.
1. Introduction:
Tort is a breach of
2. Meaning of tort:
The word tort is derived from latin word "Tortun" which means to twist, to return or to distort.
3. Deinition of tort:
A tort is a civil wrong other than a breach of contract with the law will redress by an award of damages.
4. Definition of Contract:
An agreement enforceable at law is a contract.
5. Distinction Between Tort and Breach of Contract:
(i) Parties:
In case of tort, a person's performance or omission of his act affects another person. On the other hand, only either of parties is affected in case of breach of contract.
(ii) Violation Of Rights:
Private or public rights can be affected in case of tort, whereas only rights of parties to contract can be affectedin case of violation of contract.
(iii) Liability:
In case of tort, liability arises and is enforced according to law and not according to will of persons. But orgin and enforcement of liability depend upon will of parties in case of breach of contract.
(iv) Presence of Contract:
In case of tort, there is no contract between persons. On the other hand, there is some enforceable contract between parties in case of breach of contract.
(v) Unawareness:
Unawareness in not considered a good ground of defence in case of tort, whereas unawareness is considered a good ground of defence in case of breach of contract.
(vi) Compensation:
In case of tort, compensation is fixed according to importance and nature of wrong. On the other hand, compensation is fixed according to conditions of contract in case of breach of contract.
(vii) Rights and Duties:
Law of Tort fixed rights and duties whereas contract dependant on the parties entering into a contract.
(viii) Limitation:
In law of tort limitation of time is one year and limitation of time is three years in contract.