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Tort vis-à-vis Contract

Prof. P. GURU PRASAD
M.Com., (University of Madras)
L .L. B., (Acharya Nagarjuna University)
M. Phil., (Annamalai University)
PGD in Foreign Trade Management., (SICC)
Senior Finance, law & Accounting Faculty
Center Academic Coordinator
INC - GUNTUR
pgp4149@gmail.com

where as in torts no such privity is needed  A breach of contract is an infringement of a right in personam. where as torts are a violation of a right in rem . The distinctions between Tort and contract  A contract is based upon consent and a tort is inflicted against somebody and without his consent  A contract demands a privity between the parties to it.

 In case of a contract. there lies no action under the contract act. whereas in the case of tort. It is owed to definite persons. any negligent performance of it does invite an action. the duty is fixed by the will and consent of the parties. The distinctions between Tort and contract  For a breach of gratuitous undertaking of any service. the duty is one imposed by the law and is owed to the community at large . but insofar as tort is concerned.

the mental element for the breach is immaterial.. but in tort. . damages are only for the purpose of compensating for the breach. is the only remedy.  In breach of contract. in a tort it is some times taken into consideration. compensation . The distinctions between Tort and contract  In breach of contract.

in tort.  In a contract . The distinctions between Tort and contract  In a contract . the damages are liquidated and fixed according to the terms and conditions of the partied. time of limitation begins from the breach. from the occurrence of the damage . but in tort the damages are generally un-liquidated and are determined by the court on the facts and merits and circumstances of the case.

Tort vis-à-vis crime  Crime is a wrong against the society. tort is a wrong against and individual. the state action is called prosecution. In tort.  As crime is a wrong against the society. the individual who is the victim initiates action  In crime. the state initiates action against the accused. In tort the individual action is called a suit .

criminal law looks to the accused and law of torts looks to the victim. the object of criminal justice is punishment of the accused. Tort vis-à-vis crime  As a rule. In tort. the object is compensation to the victim.  Thus . Restoration of the status of the victim is the purpose of Tortious action .

as a rule. it goes to the state and not to the victim. Whereas in tort compensation amount must be paid to the victim . Tort vis-à-vis crime  Crime. Tort is compoundable  Though fine by way of money is imposed in crime. is non-compoundable.

(Acharya Nagarjuna University) M...GUNTUR pgp4149@gmail. B. (SICC) Senior Finance.com . GURU PRASAD M. (Annamalai University) PGD in Foreign Trade Management. law & Accounting Faculty Center Academic Coordinator INC .Com.. (University of Madras) L . Thanking you Prof..L. Phil. P.