Ques. Write down the difference between-
[1] Tort & Crime
Ans. – Although both are right in rem though the following are distinction between the two –
1. Codified – Tort is not a codified law while crime is codified in the form of I.P.C 1860.
2. Definition – Tort is defined under section 2(m) of Indian Limitation Act while crime is defined u/s 40 of IPC.
3. Nature – Tort’s proceeding concerned with unliquidated damages while crime’s proceeding concerned with punishment or fine.
4. Enforceability – In tort the action against the wrongdoers is initiated in a civil court while in a crime, the legal proceedings are initiated in a criminal court.
5. Scope – n tort the suit for damages is filed in the court against the wrongdoers by the plaintiff himself whereas in crime proceedings are initiated against the accused by the state.
6. Purpose – In the tort the main aim is to re-compensate the plantiff for the loss suffered by him from the wrongful act of the defendant, while in crime the main task is to teach him a lesson by punishing the accused so that he may not repeat it in future, as well as it becomes an example for others.
[2] Tort & Contract (Breach of Contract)-
Although both the proceedings of tort & contract are enforceable for damages by civil court though they both are differ in the following manner –
1. Codified – Tort is not a codified law while Contract is codified in the form if ICA 1872.
2. Right – Tort is a right in rem while contract is a right in personam.
3. Privity – Doctrine of Privity is not applicable in case of tort while it is applicable in case of a Contract.
4. Nature – Tort’s proceeding concerned with unliquidated damages while Contract’s proceedings is with liquidated damages.
5. Scope – In tort generally damages are determined by the court on the fact & circumstances of the case while in contract the damages are fixed according to the term’s & conditions of contract.
6. Purpose – In case of tort damages are of punitive nature while in contract damages are of compensatory nature.
[3] Tort & Quasi Contract –
1. Codified – Tort is not a codified law while quasi contract is codified from sec. 68-72 under ICA 1872.
2. Right – Tort is a right in rem while quasi contract is a right in personam.
3. Damages – In tort the claim is for such amount which was not given earlier while in quasi Contract the claim for damages for the amount of money given for definite service rendered in future .
4. Nature – Tort’s Proceeding concerned with unliquidated damages while in quasi contract’s proceedings is with liquidated damages.
5. Scope – In tort generally damages are determined by the court on the fact & circumstances of the case while in contract the damages are fixed according to the term’s & conditions of contract.
6. Purpose – In case of tort damages are of punitive nature while in contract damages are of compensatory nature.
[4] Tort & Trust (Breach of Trust) –
1. Codified – Tort is not a codified law while trust is codified in the form of Trust Act.
2. Nature – Tort’s proceeding concerned with unliquidated damages while trust proceedings are with liquidated damages.
3. Enforceability – The proceeding of tort is enforceable by common law court while the proceeding of trust is by chancery court.
4. Relation – Tort is related with the Common Law while trust is related with property law.
5. Privity – Doctrine of Privity is not applicable in case of tort while it is applicable in case of a Contract.