Rachel
03-12-07, 10:13 AM
Hello everyone,
I hope you all are well prepared for exams by now. Since Law of Torts is a new topic added to the syllabus, a question on Law of Torts is likely to be asked in your exam. Make sure you know the meaning of tort, various examples of torts and most importantly meaning of 'duty of care' and its breach.
Distinction between tort and breach of contract
a) A breach of contract results from the breach of a duty undertaken by the parties themselves. The violation of the agreement, which is made by the parties with their free consent, is known as a breach of contract. A tort, on the other hand, results from the breach of such duties which are not undertaken by the parties themselves but which are imposed by law.
b) In a contract, the duty is based on the privity of contract and each party owes a duty only to the other contracting party. A stranger to a contract cannot sue for breach of contract. On the other hand, the duties imposed by the law of torts are not towards any specific individual or individuals but towards the world at large. However, even in a tort, only the person who suffers damages by the breach of the duty will be able to sue.
c) Damages are the main remedy both in an action for the breach of contract as well as in an action for tort. However, in a breach of contract the damages may be ‘liquidated’ whereas in an action for tort, they are always ‘unliquidated’.
All the best!
F4 Author
I hope you all are well prepared for exams by now. Since Law of Torts is a new topic added to the syllabus, a question on Law of Torts is likely to be asked in your exam. Make sure you know the meaning of tort, various examples of torts and most importantly meaning of 'duty of care' and its breach.
Distinction between tort and breach of contract
a) A breach of contract results from the breach of a duty undertaken by the parties themselves. The violation of the agreement, which is made by the parties with their free consent, is known as a breach of contract. A tort, on the other hand, results from the breach of such duties which are not undertaken by the parties themselves but which are imposed by law.
b) In a contract, the duty is based on the privity of contract and each party owes a duty only to the other contracting party. A stranger to a contract cannot sue for breach of contract. On the other hand, the duties imposed by the law of torts are not towards any specific individual or individuals but towards the world at large. However, even in a tort, only the person who suffers damages by the breach of the duty will be able to sue.
c) Damages are the main remedy both in an action for the breach of contract as well as in an action for tort. However, in a breach of contract the damages may be ‘liquidated’ whereas in an action for tort, they are always ‘unliquidated’.
All the best!
F4 Author