Tort v Contract revisited

DISTINGUISH BETWEEN TORT AND CONTRACT:

I. AS TO RIGHTS:

  • Law of tort protects right in rem available against the whole world.
  • Law of contract protects rights in personam which means against a particular individual.

II. AS TO DAMAGES:

  • In tort, damages are unliquidiated.
  • In contract damages are liquidiated.

III. AS TO CONSENT:

  • Tort is always inflicted against consent of the person.
  • Contract is always founded on consent of a person.

IV. AS TO CODIFICATION:

  • Law of tort is not codified.
  • Law of contract is codified.

V. AS TO FIXATION OF RIGHT AND DUTIES:

  • Rights and duties are fixed by law in law of tort. 
  • Rights and duties are fixed by parties in contract.

Ref:

http://www.academia.edu/7711371/LAW_OF_TORTS_Distinguish_Between_Law_of_Tort_Criminal_Law_and_Contract_Act