What are the differences between a tort and a contract?
There is well-marked distinction between a Contract and a Tort. The differences are as follows:-
- A contract is founded upon consent while a tort is inflicted against or without consent.
- A contract necessitates privity between the parties to it whereas in tort no privity is needed.
- A tort is a violation of a right in rem, i.e, of a right vested in some determinate person, either personally or as a member of the community, and available against the world at large whereas a breach of contract is an infringement of a right in personam, i.e., of a right available only against some determinate person or body, and in which the community at large has no concern.
- In case of a tort, the duty is one imposed by the law and is owed to the community at large. In the case of a contract, the duty is fixed by the will and consent of the parties, and it is owed to a definite person or persons.
- In case of contract, the damages are compensatory and not punishing or exemplary. But in tort it is both.
Originally written on
April 13, 2013
and last modified on
November 4, 2017.