Theoretical overview
Tort and crime
The wrong which are comparatively less serious are considered to be private wrong and have been labelled as civil wrong.
Where as more serious wrong have been considered to be public wrong and are known as crime.
There bare various wrongs which find their place both under criminal law and tort. Some eg are assault , defamation, negligence and nuisance. The definition of any one of these wrong may be different under civil and criminal. For civil liability rule of tort applicable and for criminal liability criminal law.
Generally when the wrong is serious one or effect a large no. of members of the public it is placed under criminal law.
In case of tort the end of justice are met by awarding compensation to injured party.
In case of crime the wrongful doer is punished to protect the society.
Tort and contract
In tort duties are fixed by law where as in contract duties are fixed by parties.
Duty is fixed towards public , where as in contract duty is fixed only against the parties to the contract.
In torts parties are not known to each other i.e they never encounter before, whereas in contract parties are known to each other as there is a contractual relationship b/w them.
In torts damages are unliquidated but in contract damages are unliquidated.
In torts minor can be held liable where as in contract minor cannot enter into contract.
Tort and quasi contract
tort is a civil wrong for which court impose liability, quasi contract is an agreement b/w 2 parties that is imposed by law where no explicit contract previously existed.
In torts damages are not fixes i.e also known as unliquidated damages, in quasi contract damages are fixed and specified by the court itself.
In torts Duty is imposed towards all people generally and not a definite person where as in quasi contract duty is toward a definite person.
