Highlight two differences between “law of tort” and “law of contract”
Law of tort: tort is an act which causes harm to a determinate person whether intentionally or not being a breach of duty arising out of a person relationship or contract and which is either contrary to the law, or an omission of a specific legal duty or violation of an absolute right.
Law of contract: A contract is an agreement enforceable by law made between two or more persons, by which rights are acquired by one or more to acts or for forbearance on the part of the other or others.
Differences between “law of tort” and “law of contract”
|In tort, no privity exists or is needed as harm is always inflicted against the will of the party injured.
|In contract, there must always exist privity of contract between parties i.e. the parties must be legally bounded each to other.
|In case of torts, minor can be sued and damages are paid out of his property.
|In contract, minority is a good defense as a minors contract is void-ab-inition and no rule of estoppel applies. (rule of estoppel / another to believe a certain state of things exists which in fact is not true, then in such a case he is not afterwards allowed to deny it).
|A tort is inflicted without or against the consent of the party i.e. the obligation arises without any consent.
|In a contract, obligation is founded on the consent of the parties i.e. consent is the essence of a contract.
|In torts, mistake is no no defense, even if it is innocent. If A enters B’s House by mistake, action lies in tort for trespass.
|In contract, a contract entered into by mistake is void. But mistake of law one’s own country is no defense as everybody is supposed to know the law of ones own country .
|In torts, tort is a violation of infringement of a right in Rem . i.e. rights available against the world at large.
|In case of contract it is violation of a right in personam i.e. a right available and enforceable against a particular persons.
|In case of a tort the duty is fixed or imposed by law and is owed to the community at large.
|In case of contract the duty is fixed by the will and consent of the parties and it is owed to a definite person or persons.
|In torts, motive is often taken into consideration.
|In contract, the ,motive for the breach is immaterial
|In torts, damages awarded may be real, exemplary unliquidated or contemptuous
|In contract real and liquidated damagews are awarded. Exemplary damages are rarely awarded.
|The period of limitation in case of torts usually runs from the date when the damage is suffered.
|In contract , the period of limitation rems from the date of the breach