DIFFERENCE BETWEEN TORT AND BREACH OF CONTRACT
AS PER LAW OF TORTS
The difference between tort and breach of contract is as follows:-
| Aspect | Tort | Breach of Contract |
| Meaning | A civil wrong that causes harm or loss to another person, not arising from a contract. | The failure to perform a contractual obligation as agreed in a contract. |
| Purpose | To provide compensation for harm or loss caused by wrongful acts that are not related to contractual duties. | To enforce contractual agreements and compensate for losses due to non-performance or improper performance. |
| Duty | Duty is fixed by law i.e. rights and obligations result because of the law in force. | Duty is fixed by parties i.e. rights & obligations results from the contract between the parties. |
| Legal Basis | Based on common law principles and judicial precedents, such as the Indian Tort law framework. | Governed by the Indian Contract Act, 1872, which outlines the rules for contract formation and enforcement. |
| Nature of Obligation | Based on general duties imposed by law (e.g., duty not to harm others).
It involves right in rem i.e. a right which can be enforced against anyone in the world. |
Based on specific promises or agreements made between parties.
It involves right in personam because privity of contract exists. |
| Plaintiff | Any person who suffers harm or injury due to another’s wrongful act. | A party to the contract who has been adversely affected by the breach. |
| Defendant | The person who committed the wrongful act (tortfeasor). | The party who failed to fulfill their contractual obligations (breaching party). |
| Types of Claims | Includes claims such as negligence, defamation, trespass, nuisance, and others. | Includes claims such as non-performance, delayed performance, or improper performance of contract terms. |
| Mental element | In case of torts mental element i.e. intention & motive is taken into consideration but it is not essential. | In case of contract intention or motive behind breach of contract is irrelevant. |
| Condition of minors | Minors can sue and get sued under law of torts | Minors are not recognized by law of contacts as agreement with minor is void Ab Initio. |
| Liability | Civil liability for unliquidated damages or injunctions based on the wrongful conduct. | Civil liability for liquidated damages or specific performance based on the contract terms. |
| Remedies | Damages (compensatory or punitive), injunctions (orders to stop certain actions), or restitution. | Damages (compensatory for losses), specific performance (forcing completion of the contract), or injunctions (orders to perform or cease certain actions). |
| compensation | Compensation in the form of unliquidated damages. | Compensation in the form of liquidated damages. |
| Burden of Proof | On the plaintiff to prove the wrongful act (tort) and the resulting harm or loss. | On the claimant to prove the existence of the contract, the breach, and the damages suffered. |
| Example Cases | Negligence: A driver causing an accident due to careless driving. Defamation: Publishing false statements harming someone’s reputation. |
Non-performance: A contractor failing to complete a building project as agreed. |
