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.