A breach of contract results A tort, results from breach of
1. from breach of duty duties which aren’t undertaken by the parties to undertaken by parties the contract. themselves but which are imposed by the law.
In a contract, the duty is On other hand, duties imposed
2. based on privity of contract under law of torts aren’t and each party has a duty towards any specific only to other contracting individual or individuals but parties/party. That is why we they are towards the world at find the rule that a stranger to large. However, even in tort a contract can’t sue. only that person will be entitled to sue who suffers from damages by breach of duty.
Damages is the main remedy In an action for tort, there are
3. both in an action for breach always unliquidated. of contract as well as in an action for tort. In a breach of contract, damage may be liquidated.
In case of breach of contract, In tort, motive for breach of
4. the motive for breach is often duty is immaterial. taken into consideration.
In cases of contract, damages In case of tort, its both
5. are always compensatory. compensatory and punishment for breach of duty. S.N QUASI-CONTRACT TORTS O
In a quasi-contract, the claim In tort, the claim is for such
1. for damages for the amount is amount which wasn’t given given for definite services earlier. rendered in the past.
In quasi-contracts, damages are In torts, damages are not
2. generally fixed (undue fixed. advantage plus interest is to be given).
In quasi-contract, duty is In tort, duty is towards
3. towards definite person. person generally and not a definite person. S.NO. CRIME TORT
There is breach of public rights There is infringement of
1. which affect the whole private or civil rights of community. individual.
The legal proceedings are in The action against the
2. criminal court. wrongdoer is initiated in civil court.
The criminal is punished by the The wrongdoer has to
3. state in the interest of society. compensate to the injured.
The proceedings are initiated The suit for damages is filed
4. against the accused by the state. in court against the wrongdoer by plaintiff himself.
The main aim is to teach the The main aim is to
5. accused a lesson by punishing compensate plaintiff for the him. loss suffered due to the other person and by the plaintiff.