Difference between tort and breach of contract has been discussed in this article. Tort and breach of contract are the terms that are used in the legal world. So, let’s see what is tort in law? And what is the breach of contract? And the distinguish between tort and breach of contract.
 |
| Difference Between Tort and Breach of Contract |
What is Tort in Law?
What is tort mean in law? So, the tort in law is defined as the private infringement of the civil rights of an individual and the tort occurs when there is negligence by the wrongdoer and directly causes injury to the individual person or injury to his/her property.
There is a new emerging definition of the tort is that it is a civil wrong where an individual can sue another individual without any preexisting relation in the case of Law of Contracts and in tort the individual is not relying on the State or any other authorities for suing another person for his wrongful act.
There are different types of tort, and this results in injury to the individual person or property. Whereas, negligence is the common cause of a tort. When an individual unintentionally injures another person then the injured party can sue the defendant for compensation for his tortious act.
For example, a tort can be seen in road accidents, medical malpractices, assaults, etc.
What is Breach of Contract in Law?
What is a contract breach? The breach of contract means, when one of the contracting parties failed to perform his contractual obligations or breaks the terms and conditions of the contract, then the contract is said to be breached.
What is breach of contract meaning? Here, the meaning of breach of contract in the contract law, is when one party fails or refuses to perform his/her contractual obligations or promises then the contract is said to be breached contract.
In other words, the breach of contract means, when one of the contracting parties failed to perform his contractual obligations or breaks the terms and conditions of the contract, then the contract is said to be breached.
A breach of contract may occur in various ways such as if one contracting party failed to pay the amount for the delivery of goods, or the other party failed to supply the goods within the prescribed time.
Difference Between Tort and Breach of Contract
| Tort | Breach of Contract |
|---|---|
The tort is a civil wrong that leads to legal liability. |
The breach of contract is breaking the promise which has to perform in the contract. |
A tort is a violation of the legal right of an individual. |
Breach of contract is an infringement of the legal right of an individual. |
The tort is a violation of a right in rem. |
The breach of contract is an infringement of a right in personam. |
Damages in tort are in the form of unliquidated. |
Damages in breach of contract are in the form of liquidated. |
Tort comes from Common Law. |
Breach of contract comes from the Law of Contracts. |
In tort, the motive is relevant. |
In breach of contract, the motive is irrelevant. |
In tort, the duty bonds towards society. |
In contract, duty bonds towards the individual person. |
In tort, the nature of the damage is maybe compensatory or exemplary. |
In the breach of contract, the nature of the damage is compensatory. |
Conclusion
Difference between tort and breach of contract is discussed in the article. These two different civil wrongs i.e. tort and breach of contract are governed by different principles in their branches of law respectively. And, here we conclude that the distinction between tort and breach of contract is confusing even in England also.