Introduction
Before entering into the discussion about the difference between tort and breach of contract, we should know their meaning and where they are used. Tort and breach of contract are most probably used under contract law. Both look similar in terms of applicability and enforcement of the contract. However, there are some differences between tort and breach of contract. We should know that. In a breach of contract, the one contracting party does not fulfill their part of performance upon the terms and conditions of an agreement.
In comparison, a tort is a civil wrong where one party is accused of breaching a duty owed to another without consent. This article addresses the difference between tort and breach of contract. Please stay tuned and read below;
What is a contract?
A contract is a legal document created between two or more regarding specific terms and conditions, which makes a legally binding contract to them. The form of a contract can be different modes, such as in terms of an oral agreement, written agreement, express contract, implied agreement, standard form of contract, etc.
What is a tort?
A tort is an act that results in injury or harm to another. It is covered under a civil wrong, and the courts impose liability for it. Here, injury refers to an infringement of a legal right, and harm refers to a loss or harm that occurs in an individual.
The main aim of tort is to provide legal protection for the sufferer party, which is affected by the causation harm of the other party. The courts relieve the sufferer party by imposing liability on another party responsible for the damage. In applying a tort law, the court can transfer the burden of loss from the sufferer party to the accused party.
In tort law, the sufferer party will ask for redress for damages in terms of monetary compensation from the defendant party. Other remedies, such as injunction and restitution, are also included in the tort law.
Types of Tort
Different tort types can result in injury to an individual or property.
Intentional tort: In this tort, someone intentionally takes action in a wrongful manner that harms another person. To get an appropriate remedy, the affected party must prove that the tort was committed intentionally. Fraud, trespass, and assault are some of the best examples of tort.
Negligence tort: In this tort, when a party fails to take reasonable care of another person, it is called negligence tort. Some criteria need to be fulfilled for applying this tort, like Violation of certain duties, occurrence of damages, Negligence in the duty of care, etc.
Strict Liability Tort: Generally, the accused party does not have intentional negligence in this type of tort.
What is a breach of contract?
Breach of contract means when the contracting party does not perform their part of the obligation and does not fulfill the terms and conditions of the agreement. It’s called a breach of contract. Here, one contracting party breaks the terms and conditions mentioned in the contract or refuses to perform their part of the obligation or promise of the contract.
A breach of contract can occur in different ways, such as a party failing to make a payment for the delivery of goods or, in some cases, the other party failing to provide goods within the stipulated time.
Difference between tort and breach of contract
If we deeply understand a tort and a breach of contract, there are some differences between a tort and a breach of contract. However, we should also note that a tort refers to a civil wrong, but every civil wrong is not covered under a tort. That must be proven whether a civil wrong is a tort or not. Similarly, a contract breach must also be proven in a court of law. There are some differences between tort and breach of contract, which are given below;
Duties of the parties
In tort law, the parties’ duties are most probably fixed, whereas breach of contract duties will depend on the defendant as to what act constitutes a tort.
Duties toward the parties
If we talk about a tort, the duties apply to people because it infringes on a right. On the other hand, a breach of contract is a violation of the right of the contracting party only. In a contract, every party has their duties and obligations with respect to the other party.
Intention
In tort law, the court determines the doer’s intention while deciding a civil wrong case. If the doer’s purpose is not harmful and such an act is done to avoid a greater evil, then the doer can escape for their wrongdoing. In contrast, in a breach of contract, the defaulter party must bear their liability, and the motive is irrespective of that.
Kinds of damages
In tort law, the suffering party’s claim for damages is not adequate in terms of money. Here, the damages are unliquidated in terms of money. On the other hand, in a breach of contract, most of the time, the damages come out in terms of liquidation. We can say that a sufferer party is most probably awarded money when another party breaches a contract. In some cases, any specific amount is pre-mentioned in the contract itself.
Difference between tort and breach of contract in a comparison chart
| Tort | Breach of Contract |
| A tort is a civil wrong that causes injury to another person or property. | The contract is such a kind of agreement that is enforceable in a court. |
| A tort violates the legal rights of an individual and people. | A breach of contract is a violation of the legal right of a person’s party. |
| The violation in tort is covered under a right in rem. | A breach of contract violation is covered under a right in personam. |
| A tort law comes from common law | A breach of contract comes from a contract law |
| In tort, damages occur in terms of unliquidated sums of money. | In a breach of contract, damages occur in liquidation form. |
| The motive is relevant in tort. | The motive is not relevant in a breach of contract. |
| A tort is duty-bound for society. | A breach of contract is duty-bound for the individual party, e.g., the contracting party. |
Conclusion
The tort and a breach of contract refer to different types of breach of trust. Both of them look like some similarities. However, there are some differences between tort and breach of contract when a person acts a civil wrong that is covered under a tort. On the other hand, a contract’s party fails to fulfill their promise towards the agreement, which is covered under the contract law.
Also Read:
What is an Unenforceable Contract under the Contract Law?
What is a Performance Contract?
