Distinguish between “contract” and “tort”

  1. 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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