Difference between tort crime and contract
- What is tort and crime and difference between tort, crime and contract?
- What are torts and crimes, and how do they differ from contracts?
- Could you please explain the concepts of torts and crimes, and also highlight the distinctions between them and contracts?
- Define torts and crimes, and elaborate on the dissimilarities between these legal principles and contracts.
Introduction
A tort is a violation of some civil duty. A tort is a civil wrong committed by one party against another party, in which the injured party can take legal action for recovery of damages. Tort has two main objectives, one is compensation to the injured person for any damages and the second objective is recovering money from the wrongdoer which is financial punishment for him. Such wrongs against which no compensation is recoverable are not a tort. The law of tort is based on common law
Meaning of tort
The word tort has been derived from the Latin word “Tortum” which means “to twist”
Oxford Dictionary meaning
The tort is a private or civil wrong
Definition of Tort
A tort is an act which injures someone in some way and after getting injury the injured person can take legal action against the wrongdoer for recovery of damages
Difference between tort and contract
Following are the differences between the tort and contract. Details are as under
As to rights
The law of tort protects the rights available to the person against the whole world
The Law of contract protects the rights of both parties only
As to damages
In tort, damages are necessary to pay
In contract, damages are not necessary to pay
As to consent
In tort, there is no concept of consent because tort is a violation of right
In a contract, the consent of the parties is always needed
As to codification
The law of tort is not codified
The law of contract is codified and all terms and conditions have been prescribed in the contract act
As to rights and duties
Rights and duties are fixed by law in the law of tort
Rights and duties are fixed by the parties in the contract
As to defense
In the law of tort, necessity is a defence
In contract necessity is no defense
As to the limitation of time
The limitation of time is one year in tort
The limitation of time is three years in the contract
As to the position of minor
In the law of tort, a minor person can sue and be sued
In contract, a minor person cannot sue and cannot be sued
As to aim
The law of tort, aims to compensate the injured person
In contract, aim to enforce the promise
Difference between tort and crime
Following are the differences between the law of tort and criminal law. Details are as under
As to parties
In the law of tort, the parties are known as the plaintiff and defendant
In criminal law, parties are known as state and accused
As to punishment
In tort, the tortfeasor has to pay damages
In criminal law, criminals are sent to prison
As to procedure
In tort, proceedings are regulated by civil procedure
In criminal law, proceedings are regulated by criminal procedure
As to intention
Intention is not relevant in tortious act
The intention is always relevant in a criminal act
As to defense
Necessity is a defense in a tortious act
Necessity is not a defense in a criminal act
As to compromise
In tort, compromise is permissible
In criminal law, compromise is not permissible
As to prosecution
In the law of tort, legal action is taken by the injured person
In criminal acts, legal action is taken by the state
As to codification
The law of tort is not codified
Criminal law is codified in Pakistan penal code
As to the position of minor
In tort, a minor is liable for the tortious act
In criminal acts, a minor is not liable for a criminal act who is under seven year
As to wrongdoer
Wrongdoer is called a tortfeasor
Wrongdoer is called a criminal
Objectives
- The purpose or objectives of the law of tort is the protection of the rights of persons, right of property and right of reputation are included in this law.
- The primary objective of the law of tort is to compensate the injured person by the wrongdoer against the violation of his legally recognized right
- The secondary objective of the law of tort is to build financial pressure on the wrongdoer by taking compensation in the form of money for the injured person
- The third objective of the law of tort is to stop those who intentionally or negligently violate the rights of others
Conclusion
The law of tort is completely different from the law of contract and criminal law. In the law of tort, the person who commits tort is called tortfeasor and in criminal law, a person who commits wrong is called criminal as well as in contract act who commits breach is called accused. Keeping in view above all references which show the difference between all of them