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Tort vs Contract

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A Tort is different from a Breach of Contract.

  • Nature of right violated
    • Tort is violation of right in rem i.e. in a person or as a member of community. The right is available against the world at large
    • Breach of Contract is an infringement of a right in personam. The right is available against the other contracting party
  • Duty
  • Motive
  • Remedies
  • Damages

Related Cases

  • Dan Kuer vs Sarla Devi (1947) 49 BomLR, 123:73 IA 208: In a contract, the duty is based on the privity of contract and hence each party is duty bound only to the other contracting party. Hence, a stranger to a contract cannot sue.

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