- Distinction between tort and contract
| Contract | Tort |
| · 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 |
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