Wednesday, 31 August 2017

Monday, 12 August 2019

Difference between Contract and Tort

Contract refers to an agreement which is legitimately bound between two or more parties. It identifies the integrity and duties of the concerned parties. A contract is usually in a written form but it may be spoken or implied as well. Contract Law provides the power of compensation for the destructions caused, by a party from another party. Today, the Difference between Contract and Tort, is what we are primarily going to focus upon.



Before that, let's clarify the nature of Tort. Tort refers to an unjustified act which gives rise to legal liability. Tort Law provides the power to assist relief to the injured party. It gives the power to alter the imposition of burden of loss from the injured party to the party who is actually in fault. Moreover, this law provides the power to take compensation in monetary form only.



Contract Law basically fall under Unilateral Contract and Bilateral Contract. While, Tort Law falls under three categories which are Intentional Torts, Negligent Torts and Strict Liability Torts. Contract and Tort differs in their respective way, and the basic Distinguished between Contract and Tort is been discussed further, distinctively.


difference-between-contract-and-tort
Difference between Contract and Tort

Difference between Contract and Tort


Contract :

1. Definition - Contract refers to an agreement which is legitimately bind between two or more parties.

2. Nature of entering into an agreement - In contract law, the parties concerned must enter into an agreement with full consent and with the involvement of coercion.

3. Contravention of duty - In contract there is contravention of duty which is fixed by the consent of parties.

4. Motive of contravention of duty - The motive of contravention of contract, it is often taken into consideration.

5. Result of contract entered by fault - In contract, a contract entered into by mistake, is a void.



6. Infringement of right - Contract is an infringement of a right in person.

7. Fixing up of duty - In case of contract, the duty is fixed by the will and consent of parties.

Tort :

1. Definition - Tort refers to an unjustified act which gives rise to legal liability.

2. Nature of entering into an agreement - In tort law, the parties concerned may enter into an agreement without any consent.

3. Contravention of duty - In tort, there is a contravention of duty which are primarily fixed by law.

4. Motive of contravention - In tort, the motive for contravention of duty is irrelevant.

5. Result of tort entered by fault - In tort, mistake is no defence, even if it is innocent.

6. Infringement of right - Tort is an infringement of a right in rem. which is the right vested in some determinate person, either personally or as a member of a community.



7. Fixing up of duty - In case of a tort the duty is fixed or imposer by law and is owed to the community at large.

Both Contract Law and Tort Law, are concerned with the infringement of duties, and provides damages or destruction to the victim concerned. Despite of both of them being linked with one other in some way or the other, the basic Difference between Contract and Tort, that we discussed so far briefly, shall be taken into consideration as well, as it is significant enough in the present day.

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