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