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Tort vs 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
- 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.