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Difference between tort and contract

Difference between tort and contract

by Sumaya Khanom -
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The main differences between contract and tort are as expounded below: 

Meaning : contract means a promise or set of promises that the law can or will enforce if any eventuality arises while tort means a collection of legal remedies that entitle an affected party to recover from losses, injuries, or damages. Tort covers such damages that may have been as a result of omissions, actions, or statements made by another party in such a way that it was regarded as a breach of their duty or obligation.

Rights:

In contract law, the obligations, as well as rights, are as a result of the acts of agreement among the parties involved while in tort, the court usually creates the obligations and rights and applies the common law.

Duties:

In contract law, the parties chiefly determine the duties while in tort, the law determines the duties. This means that the parties can decide to be or not be bound under the contract, but they cannot choose whether they will be bound under the law or not.

Minor:

A minor can be made liable for their torts, but they are limited in liability when it comes to contract. This means the minor can be sued under torts and the damages will be paid from their property.

Privity:

In tort, privity does not exist nor is it needed because harm is always done against the injured party’s will. On the contract’s side, privity must exist which means the parties involved have to be legally bound to each other.

Motive:

Tort law takes the motive into consideration while contract law takes the motive of the breach to be immaterial.