- Distinction between tort and contract
|· In contract, the duties are fixed by the parties themselves.
· A contract necessitates privity between the parties.
· The duty is owed to definite person or persons
· Damages for breach may be liquidated or unliquidated
|· In tort the duties are imposed by law
· Privity is not needed an action in tort to maintain an action of tort.
· The duty is owed to the community at large
· The damages are always unliquidated