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Difference between tort and contract

Difference between tort and contract

by Mohiuddin Belash 222-26-514 -
Number of replies: 0

1.

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.

  

2.

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. 


3.

In torts, motive is often taken into consideration.  

In contract, the ,motive for the breach is immaterial



4.

In torts, damages awarded may be real, exemplary unliquidated  or contemptuous 

In contract real and liquidated damagews are awarded. Exemplary damages are rarely awarded.  

5.

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