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    Business Law

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    william olando
    1) In tort law, privity of contract is not required as harm is inflicted against the injured party's will. In contract law, privity must exist between legally bound parties. 2) Minors can be sued for damages in tort cases, which are paid from their property. In contract law, minority is a defense as a minor's contract is void and estoppel does not apply. 3) Torts are inflicted without consent, while contracts are based on consent between parties.

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    Business Law

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    william olando
    118 views3 pages
    1) In tort law, privity of contract is not required as harm is inflicted against the injured party's will. In contract law, privity must exist between legally bound parties. 2) Minors can be sued for damages in tort cases, which are paid from their property. In contract law, minority is a defense as a minor's contract is void and estoppel does not apply. 3) Torts are inflicted without consent, while contracts are based on consent between parties.

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    1) In tort law, privity of contract is not required as harm is inflicted against the injured party's will. In contract law, privity must exist between legally bound parties. 2) Minors can be sued for damages in tort cases, which are paid from their property. In contract law, minority is a defense as a minor's contract is void and estoppel does not apply. 3) Torts are inflicted without consent, while contracts are based on consent between parties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    118 views3 pages

    Business Law

    Uploaded by

    william olando
    1) In tort law, privity of contract is not required as harm is inflicted against the injured party's will. In contract law, privity must exist between legally bound parties. 2) Minors can be sued for damages in tort cases, which are paid from their property. In contract law, minority is a defense as a minor's contract is void and estoppel does not apply. 3) Torts are inflicted without consent, while contracts are based on consent between parties.

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    © All Rights Reserved
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    of 3

    No Tort Contract

    1) In tort, no privity exists or is needed as In contract, there must always exist privity of
    harm is always inflicted against the will of contract between parties i.e. the parties must be
    the party injured. legally bounded each to other.  

    2) In case of torts, minor can be sued and In contract, minority is a good defense as a minors
    damages are paid out of his property. contract is void-ab-inition and no rule of estoppel
    applies. (rule of estoppel / another to believe a
    certain state of things exists which in fact is not
    true, then in such a case he is not afterwards
    allowed to deny it).

    3) A tort is inflicted without or against the In a contract, obligation is founded on the consent
    consent of the party i.e. the obligation of the parties i.e. consent is the essence of a
    arises without any consent. contract.

    4) In torts, mistake is no no defense, even if In contract, a contract entered into by mistake is


    it is innocent. If A enters B’s House by void. But mistake of law one’s own country is no
    mistake, action lies in tort for trespass. defense as everybody is supposed to know the
    law of ones own country .

    5) In torts, tort is a violation of infringement In case of contract it is violation of a right in


    of a right in Rem . i.e. rights available personam i.e. a right available and enforceable
    against the world at large. against a particular persons.

    6) In case of a tort the duty is fixed or In case of contract the duty is fixed by the will and
    imposed by law and is owed to the consent of the parties and it is owed to a definite
    community at large. person or persons. 

    7 In torts, motive is often taken into In contract, the ,motive for the breach is
    consideration.   immaterial
    8) In torts, damages awarded may be real, In contract real and liquidated damagews are
    exemplary unliquidated  or awarded. Exemplary damages are rarely
    contemptuous awarded.  

    9) The period of limitation in case of torts In contract , the period of limitation rems from
    usually runs from the date when the the date of the breach  
    damage is suffered.

    Difference between Tort and Crime

    Crime Tort

    A Crime is wrongdoing which hampers the social order A Tort is wrongdoing which hampers the individual or
    of the society we live in. his property.

    Crime happens mostly intentionally. It is a deliberate It happens mostly due to negligence. Tort is hardly
    act which people do to get some unlawful benefits. intentional. But it is still damaging to the individual.

    Crime impacts the well-being of society in general. The


    Tort impacts the well-being of the individual. The
    legal bodies try to give proportional punishment to law
    aggrieved party seeks compensation for the damages.
    offenders in order to maintain peace in society.

    Crimes are presented in the Criminal Court. Torts are presented in the Civil Court.

    Compensation for crimes is already mentioned in the Compensation for torts is given on the basis of the
    book of law. Whenever the court has to decide the
    amount of compensation, they simply refer to the law
    damages to the aggrieved party.
    book. In certain cases, judges use their personal
    judgments too.

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