There is a different vocabulary used under different cases. Different careers have their own vocabulary that they constantly use and they understand each other.
Those who are lawyers, attorneys, and those concerned with the court system have a different vocabulary that they use when dealing with cases.
Contract and tort are some of the vocabulary used with lawyers. For instance, they may say you are charged under contract law or tort law.
You may not understand this unless someone from that department tells you what it means. However, the two terms have been used interchangeably although they are completely different from each other.
So, what is the main difference between contract and tort? The contract is a promise or collection of promises agreed by the involved parties while tort is a collection of legal laws made by the courts to prevent any victim party from the loss and damages by some unfair means.
For more information about the difference between contract and tort in tabular form, continue reading the article. You will also get to learn of the similarities.
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Comparison Table (Contract vs Tort)
|Definition||It is a promise or collection of promises agreed by the involved parties.||It is a collection of legal laws made by the courts to prevent any victim party from the loss and damages by some unfair means.|
|Rights||The rights resulting from the agreement made by both parties.||The rights resulting from the court are based on certain laws.|
|Duties||They are framed by the parties.||The law frames all the duties.|
|Minors||Minors are treated as limited for the liabilities.||The court considers minors as liable.|
|Privity||It is mandatory.||It may be needed or not.|
|Limitation period||It runs from the date the contract was breached.||It runs from the time the damage was done.|
|Damages||It awards liquidated damages.||It awards all damages.|
|Motive||The motive for the breach is immaterial.||Motive is often taken into consideration.|
What is a Contract?
The contract is a promise or collection of promises agreed by the involved parties. The contacts can be used in case there is a violation of the law.
The contact is also used as a remedy when facing injuries or losses. All rights and regulations involved in a contract are a result of an agreement performed by both parties.
The duties for contracts are framed by the parties. Privity is mandatory in the case of a contract as both parties must be bounded with each other.
The contract law does not reward exemplary damages. It only rewards liquidated damages.
Most contracts require formalities for example signing and entering a date when the contract was signed. However, some can be binding even when they are oral.
What is a Tort?
Torts are a collection of legal laws made by courts to prevent any victim party from the loss and damages by unfair means.
They are very actions that can lead to legal liabilities. It is more concerned with the right of a common person other than violations of contracts.
All rights and obligations in a contract result from courts based on the law. The law frames all the duties.
Privity may be needed or may not be needed. This is because the harm is only caused against the will of the injured party.
Torts make minors liable. They can be sued under the torts in case there is any fine to be paid, and then it is paid from their property.
Torts award all damages real, contemptuous, exemplary unliquidated. It takes into account all the damages made and they have to be paid for.
Main Difference between Contract and Tort
- The contract is a collection of promises made by the parties involved while tort is a collection of legal laws made by courts.
- All rights and obligations in a contract resulting from the agreement while rights and obligations in a tort result from courts based on the law.
- Duties in the contract are framed by the parties while duties in torts are framed by law.
- A contract can be used in case of disagreement while a tort is used to recover losses and damages done to any party.
- Privity is mandatory in contracts while it may either be needed or not in torts.
- Contracts treat minors as limited for the liabilities while torts make minors liable.
- The contract’s limitation period runs from the date the contract was breached while torts run from the time the damage was done.
Similarities between Contract and Tort
- Both are made to deal with any breaches of duties by a party.
- Both seek to get justice for the victim who suffers loss.
Contract and tort are laws used by the courts to ensure that the victim gets justice for the loss or injuries caused.
The damages are evaluated and awarded. However, the two terms are not used interchangeably. They are completely different from each other.
The main difference between contract and tort is that a contract involves the collection of promises made by the parties while tort involves the collection of promises made by the courts according to the law.
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