GOPALDAS JHAMATMAL ADVANI LAW COLLEGE

Bandra (W) Mumbai 400050

Assignment Topic:
Distinguish between Tort, Contract and Crime

Submitted By:
AISHWARYA MEHTA
F.Y.LL.B
Academic Year 2021-22
Division : B
Roll No. :97
Subject: TORT LAW
Semester : 1

Submitted To : Dr. Suresh Santani

Contact Details : Email aishwaryakmehta@gmail.com
Mob : 8369769087
CONTENTS

● INTRODUCTION

● Difference

● Reference
Introduction:
According to the Indian Penal Code, "crime" is defined as "doing something that is illegal under
the law of the land." A person found guilty of a crime will be tried according to the Indian Penal
Code. The actions taken in the commission of crimes are punishable by the state. Anything that
is harmful to the general good is illegal. The state is a party in criminal proceedings because
crime is a wrong committed not just against the individual but also against society as a whole.

The state bears the burden of prosecuting a crime, and the prosecution bears the burden of proof,
which indicates that the state will be on the prosecution's side during the proceedings, and it will
be the state's responsibility to provide evidence to convict a suspect.

Under Indian Contract Act, 1872 there are certain words and expressions used in the senses to
interpret and define the contract. Initially when one person signifies to another his willingness to
do something or to abstain from doing anything with a view to obtaining the assent is when the
initial stage of an agreement to contract begins.

A contract is the exchange of an act or promise between two or more individuals where one
individual offers the other some form of value in exchange for something in return. Contracts can
be financial contract or performance contract. A contract is a binding agreement that creates
legal obligation(s) recognized in the eyes of law, and that a party can file a suit against another
party to the contract for breach of contract.

According to Salmond “Tort is a civil wrong for which the remedy is a common law action for
unliquidated damages, and which is not exclusively the breach of a contract or the breach of a
trust, or other merely equitable obligation

Winfield defines torts as “Tortious liability arises from the breach of a duty primarily fixed by
law. This duty is towards persons generally and its breach is redressable by an action for
unliquidated damages”
Difference:
Comparision Points TORTS CRIME CONTRACT
Meaning According to Wex According to Indian Penal Code “Crime” Under Indian Cont
Legal Dictionary,a has been highlighted as committing of an Act, 1872 there are
tort can be defined as act prohibited by law of the land. certain words and
“an act or omission expressions used in
that A person guilty of a crime shall be tried the senses to interp
gives rise to injury or as per the Indian Penal Code Crime. The and define the
harm to another and actions committed in crimes attract the contract.
amounts to a civil State punishment. Initially when one
wrong for which Anything injurious to public welfare is a person signifies to
courts crime. another his willing
impose liability. In the In criminal proceedings, State is a party to do something or
context of torts, as crime is not only a wrong against the abstain from doing
"injury" describes the individual but also against the whole anything with a vie
invasion of any legal society. to obtaining the ass
right, is when the initial
whereas "harm" stage of an agreem
describes a loss or to contract begins.
detriment in fact that contract is the
an individual suffers.” exchange of an act
promise between tw
or more individual
where one individu
offers the other som
form of value in
exchange for
something in return
contract is a bindin
agreement that crea
legal obligation(s)
recognized in the e
of law, and that a p
can file a suit again
another party to the
contract for breach
contract.
Essentials 1) Duty: 1) Proposal/ Offe
1. Actus Reus “When one
Every individual person signifi
is obligated by Actus Reus is the legal maxim which to another his
law to observe means physical result of a human willingness to
and maintain a act/conduct. The accused needs to do do or to abstai
reasonable something, resulting in an injury. from doing
standard of care Without a guilty act there can be no anything, with
when conducting crime and suit arising out of it. As per view to
any act that may Kenny, ‘actus reus’ is such a result of obtaining the
hurt another human conduct as the law seeks to assent of that
person. To pursue prevent. The act committed must be other to such a
a tort claim, it the one that is forbidden or is or abstinence,
must be punishable in the eyes of law. E.g. is said to mak
demonstrated that Aman shoots Ajay in the stomach proposal”
the tortfeasor using a gun. Here shooting results in according to
owed the injured the death of Ajay. Aman will be Indian Contra
party a duty of charged under IPC. Act 1872. The
care, which was should be an
then breached by An omission of an act can also be offer without
the tortfeasor. The termed as actus reus. It means an which the
injured party and omission to do something that an contract canno
the tortfeasor do accused is bounded by duty or law. take place. E.g
not need to be E.g. Aman has a grandfather who is Aman propose
related in any way bedridden and on ventilator. Aman by letter, to se
for the duty of intentionally removes the oxygen a house to Aja
care to exist; mask which results in death of his at a certain
rather, the duty is grandfather. Aman will be charged price.
imposed by under IPC.
operation of law. 2) Acceptance of
the
2) Breach: proposal/offer
The offer or th
Any commission 2. Mens Rea proposal must
or omission must be accepted by
be recognised as The second essential element of a
the party to
such by the law crime is mens rea or guilty mind or
whom the offe
before it can be guilty intention of committing a crime.
was made. Th
considered a Mens Rea is essential for deciding
offer should b
wrongful act. A whether the act comes under culpable
as it is accepte
wrongful act is or no. Since there are certain acts
defined as an act otherwise then
which are committed without any
that is committed the offer is sai
intentions or Mens Rea but involves
in violation of the to be rejected.
Actus Reus (guilty act). E.g. In her
law. A moral The parties to
self defense a women kills her
wrong does not the contract
perpetrator who was trying to rape her.
always imply a must have the
The women had no intentions to kill
legal wrong, and same
the perpetrator but did so in her
hence it is not understanding
defense hence mens rea or intentions
sufficient to the terms of th
are not involved. The legal maxim
designate an act as contract.
‘Actus non facit reum nisi mens sit
wrongful just
rea‘. It means ‘the act itself does not
because it is 3) Consideration
make a man guilty unless his
immoral. Only According to
intentions were so’ defines
when an act is Indian Contra
legally incorrect, Act 1872
regardless of “When, at the
whether it is desire of the
moral or immoral, 3. Human Beings promisor, the
is it regarded as a promisee or an
wrongful act. A A human being should commit a other person h
wrongful conduct wrongful Act. An act which is done or
must also cause punishable in the eyes of law if abstained from
genuine harm to committed by an animal will not be doing, or does
another person or considered a crime. E.g. A dog bites a abstains from
result in a legal man which leads to the man’s death; doing, or
injury. the dog won’t be punished for the promises to do
crime despite the man’s death. A man or to abstain
stabs a women which results in her from doing,
3) Injury: death; the man here will be punished something, su
because the crime is caused by a act or abstinen
human being. or promise is
As stated earlier, called a
wherever there is consideration
a wrong, there is a for the
remedy. Granting promise”. Th
4. Injury
rights without the agreement wil
provision of Injury is any illegal harm to any become a
remedy in the case person, in body, mind, reputation, contract when
of a breach of property or society at large. It should they are made
those rights would be caused by a human being to another by parties und
be quite pointless. being or society at large.
 lawful
consideration
Similarly, the law with a lawful
Exceptions
of torts also object otherw
prescribes certain it be considere
forms of legal .E.g A, a soldier, fires on a mob by void.
remedies for the order of his superior officer, in
injured parties, conformity with the commands of the
such as damages, law. A has committed no offence and 4) Understanding
specific restitution his act will not be treated as an The party or t
of property and offence. parties must b
injunctions that competent
are awarded by E.g Ajay is attacked by a mob who
enough or
the Courts. Before attempts to murder him. He cannot
should be
awarding any effectually exercise his right of private
mentally
relief to the defense without firing on the mob, and
capable of
claimant, the he cannot fire without risk of harming
understanding
Court examines young children who are present in the
the contract. T
certain aspects of mob. Ajay’s act will not be constituted
party should n
the liability by as an offence if while firing he harms
be a lunatic or
performing tests young children.
insane or mino
such as the test of The person wh
directness, test of is intoxicated
foreseeability and also forbidden
others in order to from entering
judge the into the contra
remoteness of
damage suffered. 5) Legal
4) Remedy: Relationships:
The contract
As stated earlier, should be mad
wherever there is for the purpos
a wrong, there is a of entering int
remedy. Granting a legal
rights without the relationship. T
provision of contract will b
remedy in the case enforceable by
of a breach of law when the
those rights would consideration
be quite pointless. and objectives
Similarly, the law are lawful or
of torts also legal in nature
prescribes certain otherwise the
forms of legal contract will b
remedies for considered vo
injured parties, in the eyes of
such as damages, law. E.g A
specific restitution contract for
of property and murder or a
injunctions that contract to
are awarded by defraud the G
the Courts. Before Department is
awarding any both illegal
relief to the would therefo
claimant, the be void
Court examines contracts that
certain aspects of are
the liability by unenforceable
performing tests
such as the test of 6) Certainity: A
directness, test of valid contract
foreseeability and should have a
others in order to reasonable
judge the certainty. If th
remoteness of parties fail to
damage suffered. reach an
agreement on
the essential
terms with
reasonable
certainty, then
the contract m
be considered
void inspite al
other essentia
elements are
present.
7) Consent: A fr
consent needs
be taken into
consideration
 while forming
legal contract.
Consent as pe
section 13 is
defined as “Tw
or more perso
are said to
consent when
they agree upo
the same thing
in the same
sense.”

Objectives of Law The real aim of tort Criminal Law intends to prevent the The objective of th
governing law is to provide occurrence of crime, to punish the Contract Act is to
compensation to perpatrators and the criminals, to ensure that the righ
people who have been rehabilitate the perpatrators and the and obligations ari
injured. Though, in criminals, to compensate the victims as out of a contract ar
current times, the goal far as possible, to maintain law and order honored and that le
is to distribute losses in the society, to deter the offenders from remedies are made
among those who are committing any criminal act in the available to those w
connected in some future. are affected. 
way.
Furthermore, some
argue that Tort Law is
more concerned with
punishing than
compensating.
Nature of Law Tort, on the other Crime is action that, if proven to have The nature of contr
hand, is a type of civil occurred, will result in the community is that it is a branch
injury or wrongdoing. issuing a formal and serious moral law that establishes
The difference condemnation. The criminal law bans the conditions unde
between civil and activity that harms or threatens the which promises ma
criminal wrongs is public interest; it defines and warns by contracting part
determined by the people about the activities that are are legally binding
nature of the legal punishable by law; and it defines and them. It does not
remedy. A civil wrong warns people about the acts that are specify the duties a
is one that results in punishable by law. responsibilities tha
civil procedures, the law will enforc
whereas criminal but it does provide
 proceedings are set of limiting
intended to punish the principles under w
defendant for an act the parties may
done. The same construct rights and
mistake can obligations for
sometimes be made themselves that the
the subject of both law will enforce.
types of litigation. For
example, in A contract is an
circumstances of enforceable legal
assault, libel, theft, agreement between
malicious injury to two or more people
property, and so on, which rights are
the wrongdoer may be gained on one side
penalised criminally exchange for acts o
as well as ordered to forbearances on the
pay compensation or other. There must b
restitution in a civil an offer and an
action. acceptance in orde
create an agreemen
that results in a
contract; and to the
promises that follo
from that agreemen
there must be an of
and an acceptance
also law attaches a
binding force on th
Penalty/Punishment It has been argued that As per  Indian Penal Code, the The Indian law ma
the tort system punishment a court may provide to a no distinction betw
occasionally produces person convicted for a crime are liquidated damages
unintended death, imprisonment , forfeiture of and penalty. The
consequences that are property and fine , additionally IPC compensation awar
not codified. The has provisions for another type of cannot exceed the
injured person has a punishment i.e. is solitary amount mentioned
number of options, the confinement in some cases. the contract.
most common of Death : Capital punishment is According to Secti
which is a monetary another synonym for death penalty. 74 of the Indian
award of damages. A person is hung till he dies under Contract Act, 1872
Damages are the this penalty. the parties fix the
monetary damages, the Cour
compensation will not allow more
received by the The government has sanctioned and Hence, the sufferin
injured party from the the court has imposed this penalty. party gets reasonab
party who caused the It is only given in the most compensation but n
injury. A person can exceptional of circumstances. Only penalty. There is an
only claim damages if significant offences are subject to exception to Sectio
he or she has this penalty. The death penalty is 74 which states tha
experienced a legal the most severe penalty available a party enters a
injury; otherwise, under the IPC. contract with the S
even though he or she Imprisonment: or Central governm
has incurred an actual Life imprisonment is when an for the performanc
loss, he or she cannot accused convicted of a crime must an act in the interes
claim damages. serve his sentence in prison until he the public, then a
It depends on whether dies or is pardoned or otherwise breach of such a
the injury was a legal commuted to a predetermined contract makes the
injury or one that period of time. party liable to pay
resulted in genuine In its most basic sense, life entire amount
damage or harm. imprisonment means that the guilty mentioned in the
individual will be imprisoned for contract.
the remainder of his or her natural
life. Interestingly, claim
damages is not the
Simple imprisonment is when a only remedy for a
person who has been convicted of a breach of contract.
crime is held in prison and are Here are some othe
merely expected to perform minor remedies available
tasks. Simple prison is only used as suffering parties: 
a punishment for minor offences.
They are mostly for shorter period.
Cancellation, or
Forfeiture of property: The
repeal of a law,
accused's property is confiscated in
order, or agreeme
the case of forfeiture. The state
If one party
seizes a criminal's property under
breaches the
this penalty. It is the result of a
contract, then the
person's wrongdoing or default. The
other party can tre
property forfeited may be movable
the contract as
or immovable.
rescinded. Also, h
Fine under IPC: The court may
is discharged of a
impose a fine as a sole penalty, as
obligations under
an alternative to or in addition to
the contract.
jail. In each case, the court must Further, he can
decide whether a sentence of jail, a claim compensati
fine, or both should be imposed. for damages.
Solitary Confinement: Solitary
confinement refers to isolating the Quantum Meruit
prisoner from any contact with the means a reasonab
outside world and from his or her sum of money pai
fellow inmates. It is only applied in to a person for
extreme circumstances and after a services rendered
fair procedure. when the amount
not specified in a
legally enforceabl
contract. In such
cases, the law infe
a promise to pay
since the service
rendered indicates
an understanding
between both
parties. Quantum
Merit covers a cas
where the party w
provides the servi
has completed pa
but not all the wo
that he was bound
to do and seeks
compensation for
the value of the
work done. There
are two important
conditions that mu
be met for this rul
to be applied.

The court may

direct in its
discretion on a su
for specific
performance,
 instruct the
defaulting party to
perform the prom
as per the terms o
the contract.

If a party has
promised not to d
something vide a
contract but is
negating these
terms, then the
Court can issue an
injunction order to
restrain the party
from doing what h
has promised not
do. 

Burden Of Proof In different areas  the When it is found o

The burden of prosecution of a crime
Burden of Proof is claimed by plaintif
falls on the State, and the burden of
applied differently. that there was no fr
proof falls on the prosecution which
An injury case, for consent or he/she w
means that during proceedings the state
example, has a under undue influe
will be on the prosecution side and
different burden of by defendant or
providing evidence to convict a suspect
proof than a coercion or
falls on the state. The State acts to
harm/damage case. misrepresentation o
protect the victims of the crime and to
facts or the burden
prevent the convict from committing
proof to lies on the
more crimes. The State ensures the
plaintiff to prove th
offenders are punished and justice is
free consent was no
served to the victim. Most countries have
present. When it fo
reformation programs in prison in an
that one of the part
attempt to steer the convict towards
contract is in a
becoming law-abiding, dutiful citizens. 
position to domina
the will of another,
enters into a contra
with him, and the
 transaction appears
the face of it or on
evidence adduced,
be unconscionable,
burden of proving
such contract was n
induced by undue
influence shall lie
upon the person in
position to domina
the will of the othe
Tort is an uncodified Crime is codified and falls under IPC Contract is codified
Codified/Uncodified law. (Indian Penal Code). under Indian Contr
Act 1872.

References:
1) https://legislative.gov.in/sites/
2) RK Bangia
3) https://shodhganga.inflibnet.ac.in/
4) Manupatra