Distinction between tort and breach of contract.A Contract is obligation to perform certain duties with the free consent of the parties in other words in contract duties are created by the parties himself. In case of tort the duties are imposed by law.
For example, ‘ A ‘ agrees to sell a pen to ‘B’ for five rupees. In this duty of A to sell pen to B for five rupees is contractual relationship.
A has a duty not to trespass on my land. This duty is imposed by law on A not trespass on the land of others.
For example, ‘ A ‘ agrees to sell a pen to ‘B’ for five rupees. In this duty of A to sell pen to B for five rupees is contractual relationship.
A has a duty not to trespass on my land. This duty is imposed by law on A not trespass on the land of others.
B. In a contract, the parties to contract owe a duty to each other only. While in tort duty not to commit tort is generally not to a single person.
