In this article you will learn about the Difference Between Tort and Breach of Contract.
Difference Between Tort and Breach of Contract
Tort and breach of contract are two different legal concepts, each governing various types of civil wrongs and remedies within the realm of law. Understanding the differences between tort and breach of contract is fundamental in legal practice, as they dictate the basis upon which individuals may seek legal recourse for harm or loss suffered.
Definition and Nature
Tort : A tort is a civil wrong that causes harm to someone’s person, property, or reputation, for which the injured party can seek compensation in the form of damages. Torts typically arise from a breach of a duty imposed by law, such as the duty to exercise reasonable care to avoid causing harm to others.
Breach of Contract : A breach of contract occurs when one party fails to perform a duty that is owed under a contract. Contracts are legally binding agreements between parties, and a breach can occur when one party fails to fulfil their obligations as outlined in the contract.
Basis of Liability
Tort : Liability in tort arises from a violation of a duty imposed by law to avoid causing harm to others. The duty is often based on societal norms or legal principles such as negligence, intentional wrongdoing, or strict liability.
Breach of Contract : Liability for breach of contract arises from the violation of a specific obligation agreed upon in a contract between parties. The terms of the contract define the duties and obligations owed by each party, and a breach occurs when one party fails to fulfil these obligations.
Nature of Relationship
Tort : In tort law, the relationship between the parties is typically one of general societal interaction, rather than a specific agreement. The duty owed is often to avoid causing harm to others in general, rather than a duty owed to a particular individual.
Breach of Contract : Breach of contract cases involve parties who have entered into a specific agreement with each other. The duties and obligations owed arise from the terms of this contractual relationship, and the breach occurs when one party fails to fulfil these specific obligations.
Remedies
Tort : Remedies for torts typically include monetary compensation in the form of damages, designed to compensate the injured party for the harm suffered. In some cases, injunctive relief may also be available to prevent further harm.
Breach of Contract : Remedies for breach of contract generally include damages to compensate the non-breaching party for losses resulting from the breach. Specific performance may also be available, where the court orders the breaching party to fulfil their contractual obligations as agreed.
Legal Standards
Tort : In tort cases, liability is often determined based on standards such as negligence, where the defendant's conduct is compared to that of a reasonable person under similar circumstances.
Breach of Contract : In breach of contract cases, liability is based on whether the party failed to perform a duty as outlined in the contract. The terms of the contract govern the parties' obligations, and the breach is determined based on these contractual terms.
This article on Difference Between Tort and Breach of Contract is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.