OVERVIEW
Here in this topic, we will discuss the distinction between law of tort and other laws like contract, quasi-contract, and crime. So let us see how civil law is a tort where the wrongdoer with the act of wrongful omission is held liable for his act, so, how it differs from other laws. Let us begin with the topic.
DISTINCTION BETWEEN LAW OF TORT
- TORT AND CONTRACT
The term tort refers to the judicial pronouncement, which deals with civil sues, where if a person commits a wrongful act and omission then he will be held liable for his act, and it will be held that he needs to pay compensation and other damages to the injured party.
Whereas the law of contract refers to any agreement which is made between two or more parties which is legally enforced by the law, where one party is held liable if he breaches a contract, it only applies to the parties to the contract.
Let us see its key differences by comparing the comparison chart.
| BASIS | TORT | CONTRACT |
| LIABILITY | It laid liability to the person who had committed a wrongful act or omission. | It laid liability to the parties to the contract who breach the contract. |
| DUTIES | The duties of persons are set by the law. | The duties are generally set by the parties to the contract. |
| DAMAGES | Unliquidated damages. | Liquidated damages. |
| DUTY | It is right in rem where it owes the public at large. | It is right in personam, where it owes an individual. |
| CONSENT | It is committed without the consent of the person. | It is consented by the parties to the contract. |
- TORT AND QUASI-CONTRACT
The term quasi-contract refers to the fictional contract that is created and maintained by the honorable court to stop parties tot taking unjust enrichment on other’s expenses, or other valuable resources. Let us see it key distinction between law of tort in the comparison chart. Let us see.
| BASIS | TORT | QUASI-CONTRACT |
| LIABILITY | Liability arises to the person who had committed a wrongful act and omission. | Liability arises for the person who had unjustly enriched another’s property. |
| PROVE | In this, there is a need to prove that the defendant had caused the plaintiff harm and to show what harm has been caused to him to seek compensation. | Here also plaintiff needs to show what benefits had defendant took from him to seek compensation. |
| CLAIM | Compensation will be given to the plaintiff based on the outcome of the defendant’s wrongful act. | In this, it stops one party from unjustly enriching other things, and those who received advantage should pay compensation to the aggrieved party. |
| REMEDY | Unliquidated damages. | Restitution or compensation will be provided. |
| EXAMPLES | Negligence, nuisance, etc. | Quantum merit, unjust enrichment, etc. |
- TORT AND CRIME
Crime refers to a criminal offense that violates public laws, in which it causes punishment to the plaintiff which is imposed by the state, where criminal liability requires proof of reasonable doubt. To know how crime is different from tort let us see a comparison chart. Let us begin.
| BASIS | TORT | CRIME |
| OFFENCE | It is a civil offense. | It is a criminal offense. |
| COMPENSATION | Compensation is sought by damages. | In this punishment is imposed by the state. |
| RESOLUTION OF CASE | It is resolved through civil litigation. | It is resolved by criminal proceedings. |
| PARTIES INVOLVE | Parties in this case are victims and wrongdoers. | Parties in this case are the state and the accused person. |
| EXAMPLES | Defamation, negligence, etc. | Theft, and assault, etc. |
CONCLUSION
So, here in this topic, we have learned about the differences among other laws, which have some differences with each other, through which it makes different laws in the entire country. Through the variation of laws, the aggrieved party can get compensation where it is a civil sue and also get fair justice through criminal laws.
