Tort vs Contract
Understanding the distinctions between tort and contract is easier if you know the concepts of each clearly. Tort and contract are not uncommon or ambiguous terms, and most people have heard them occasionally, giving them a general idea of their meanings. However, to fully comprehend the differences between tort and contract, it is essential to examine the definitions of each term separately.
What is Tort?
Tort is a significant subject in civil law, and civil courts frequently hear and determine cases involving torts. The term “tort” comes from the Latin word ‘Tortus,’ meaning “wrong” or “civil wrong.” It is similar to the concept of a crime since it involves some wrongdoing inflicted on another person. However, a tort is more personal, constituting a wrongful act caused only to a person or their property. In contrast, a crime is a wrongful act caused not only to a person but to the entire society as a whole. The injured party will file a civil action in court against the person who inflicted the harm, and if the court finds that a tort has been committed, the defendant may be ordered to pay compensation or provide other relief to the injured party. Examples of torts include occupier’s liability, nuisance, economic torts, negligence, defamation, or product liability. Torts are classified into intentional torts, strict liability torts, and negligent torts.
What is Contract?
A contract is an agreement between two or more parties, which is enforceable by law. It is an agreement between two or more parties intending to create legal obligations to perform some work or service. Contracts may be oral or written, and the defining feature is that the work or service is typically performed in return for valuable consideration, usually in the form of payment. In addition to consideration, a contract must also contain other elements such as an offer and acceptance of that offer, capacity to contract, and the subject matter of the contract must be legal. Contracts may take various forms, such as unilateral or bilateral contracts. Breaching one or more of the contract’s terms may result in the remedy of damages being awarded.
What is the difference between Tort and Contract?
The difference between tort and contract is simple: a tort constitutes a civil wrong, while a contract refers to an agreement between two or more parties.
Key Takeaways
- A tort refers to a civil wrong, which is a private wrong in the form of harm or injury caused to a person or their property. Torts are classified into intentional torts, strict liability torts, and negligent torts.
- A contract refers to an oral or written agreement between two or more parties, intending to create legal obligations to perform some work or service in return for valuable consideration, usually in the form of payment.
- When a person commits a tort, the court focuses on the harm or injury suffered by the victim as a result of that tort. In contrast, a contract has an offer and acceptance, and the parties involved must have the capacity to contract. Breaching a contract may result in damages being awarded.
