Difference Between Tort and Breach Of Contract Tort vs Breach Of Contract
Difference Between Tort and Breach Of Contract Tort vs Breach Of Contract
TortBreach of Contract
1Tort is uncodified Law.Breach of Contract is codified Law.
2In Tort, duties imposed by Law towards community at large or Society generally (right in rem).In Breach Of Contract duty is imposed by parties (Persons) or specific individual person (right in personam).
3In Tort damage is unliquidated. Damages is different in different circumstances which may be nominal or exemplary.In Breach Of Contract damage is liquidated. Damages are awarded in the form of compensation for pecuniary loss suffered.
4In Tort, law takes the motive into considerationIn Breach Of Contract Motive is irrelevant.
5Tort provides unlimited remedy.Breach Of Contract provides limited remedy.
6In tort, privity does not exist between community at large or persons generally.In Breach Of Contract privity exists between parties and must be proved.

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