Q.
Compare and contrast Tort with Contract.
A.
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 unliquidated.
In contract damages are liquidated.
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.
VI. AS TO DEFENCE:
In law of tort necessity is a defence.
In contract, necessity is no defence.
Ref:
http://www.academia.edu/7711371/LAW_OF_TORTS_Distinguish_Between_Law_of_Tort_Criminal_Law_and_Contract_Act