Distinction between tort and contract

Distinguish between “libel” and “slander”

Distinction between tort and contract

Contract Tort
Ø  In contract, the duties are fixed by the parties themselves.

Ø  A contract necessitates privity between the parties.

Ø  The duty is owed to definite person or persons

Ø  Damages for breach may be liquidated or unliquidated

Ø  In tort the duties are imposed by law

Ø  Privity is not needed an action in tort to maintain an action of tort.

Ø  The duty is owed to the community at large

Ø     The damages are always unliquidated



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