Differences Between Law Of Tort and Other Branches of Law

Author: Sonia Yadav

 

In this article, we will learn about the differences between law of tort and other branches of law like:

Difference between tort and crime: 1

Difference between tort and contract: 2

Difference between law of tort and breach of trust: 3

Difference between tort and Quasi contract: 4

 

Difference between tort and crime:

 

TORT (CIVIL WRONG)	CRIME
1.     Tort deals with the dispute between the individual’s .These wrongs are less serious in nature.	It deals with the offences that affect public at large. It means these wrongs are more serious.
2.     In tort an act for which case is              filed is called “wrong”.	In criminal cases an act for which case is filed is called “crime/ offence”.
3. In tort injured party or plaintiff initiate court proceedings through his own lawyer.	In criminal cases the police through public prosecutor/ govt. lawyer initiate court proceedings.
4.     In tort the individual that commit wrong is called “wrongdoer”.	In Criminal cases the person that commits crime is called “offender”.
5.     In tort intentions and malice do not matter.	In criminal cases intentions and malice do play very important role.
6.     In tort court proceedings are called civil suits/ civil proceedings.	In crime court proceedings are called criminal proceedings / public prosecution.
7.     If the case of plaintiff  get prove the wrongdoer in tort is  Liable for the wrong.	If the case of plaintiff  get prove the wrongdoer under criminal law is  Consider guilty of the offence.
8.     In tort the victim is awarded compensation.	In criminal cases the offender is given punishment.
9.     Tort cases are compoundable.	Criminal cases are not compoundable with exceptions in accordance with section 320 of  Cr.P.C.
Example- defamation, trespass, negligence etc.	Example-Murder, Theft, sedition.

 

NOTE:  sometimes, the same set of facts may constitute both a tort and a crime as well. The civil and criminal remedies in such a case are not alternative but they are concurrent. The wrongdoer may be required to pay compensation under the law of tort, he may also be held liable under criminal law. For instance, if a digs a ditch on a public road result in inconvenience to the public at large, A has committed the offence of public nuisance as defined in section 268, IPC. If X, a passer-by, falls into that ditch and thereby get injured, A’s action also become a tort of private nuisance as against X. Not only will A be punished under criminal law for the offence of public nuisance, he will also be liable to compensate X under the law of tort.

 

Difference between tort and contract:

 

TORT	CONTRACT
1.     Law of tort is  “uncodified  law”	Law of contract is “codified law
2.     In tort there is duty towards persons generally. It means there is no privity of contract in tort.	In contract there is duty toward specific person. It means privity of contract exists.
3.     In tort duty is fixed by law.	In contract duty is fixed by the parties that are involving in a contract.
4.     Tort is violation of right in rem means right is vested in some determinate person either personally or as a member of the community, and available against whole world.	In contract there is right in personam means right against a particular individual only and in this the community at large has no concern.
5.     In tort the damages may be unliquidated damages, punishment or exemplary.	In contract damages are liquidated and compensatory.

1.     In case of torts, minor can be sued and damages are paid out of his property.

In contract, minority is a good defense as a minor contract is void-ab-initio.

 

NOTE: There may be certain cases when the same fact results in breach of a contract as well as a tort. If, for example “A” leaves his horse with his neighbor for one week and go out, and the neighbor allows the horse to die of starvation. In this case there is breach of contract inasmuch as the bailee has failed to exercise due care in the matter and the bailee has also committed tort of negligence. The plaintiff cannot claim the damages twice over. He has a choice either to sue for the breach of contract or for the commission of tort.

 

Difference between law of tort and breach of trust:

Breach of trust according to legal dictionary, breach of trust means-

i.                    Any act which is in violation of the duties or a trustee or of the terms of a trust. Such a breach need not be intentional or with malice, but can be due to negligence.

ii.                   Breaking a promise or confidence. 

 

TORT	BREACH  OF TRUST
1.     Tort owes its origin to the common law of England.	Owes its origin to the equity court or the court of chancery.
2.     Remedy in tort is civil action for unliquidated damages	Remedy is in the form of liquidated damages.
3.     Tort is partially related to the law of property.	Trust is a branch of law of property.

 

Difference between tort and Quasi contract:

Quasi contract-The law of quasi contract deals with such obligations ,where a person gains some advantages or benefits to which other person was entitled to, or by such advantage another person suffers an undue loss, the law may compel the former to compensate the later in respect of advantages so gained.

Note: The basis of the obligation is that no one should have unjust benefit at the cost of the other.

For example- If X and Y jointly owe 100 Rs to Z, X pays the amount to Z, Y not knowing the fact, pays 100 rupees to Z, Z is bound to repay the amount to B.

           

TORT	QUASI  CONTRACT
1.     In tort duty is towards Persons generally.	In Quasi contract duty is always towards a particular person.
2.     Torts grant other remedies also beside monetary damages.	Quasi contract gives a right only with respect to money.
3.     Liquidated damages are awarded in tort.	Unliquidated damages are awarded in cases of Quasi contract.