Difference between tort and contract | தீங்கு Vs ஒப்பந்தம் Law of Tort | Tamil | Dr.A.C.Nakshathra

Tort law and contract law are two distinct branches of civil law that govern different types of legal disputes and obligations. While they both involve civil wrongs and legal remedies, there are fundamental differences between the two.
Tort Law:
Nature: Tort law deals with civil wrongs that result in harm or injury to individuals or property, typically due to negligence, intentional wrongdoing, or strict liability.
Duty: In tort law, individuals owe a duty of care to others to avoid causing harm or injury. This duty is imposed by law and exists independently of any agreements or relationships between the parties.
Liability: Liability in tort law is based on fault. A defendant may be held liable for damages if they breach their duty of care and cause harm to the plaintiff, regardless of any contractual relationship between the parties.
Compensation: Tort law aims to compensate injured parties for their losses or injuries through the payment of damages. The goal is to restore the plaintiff to the position they were in before the harm occurred.
Third Parties: Tort law can involve claims against third parties who are not parties to any contract but who may be responsible for causing harm or injury.
Contract Law:
Nature: Contract law deals with agreements between parties that create legally binding obligations. These agreements can involve promises to perform certain actions or refrain from certain conduct.
Agreement: Contract law requires mutual assent or a meeting of the minds between the parties to create a valid contract. The terms of the contract are generally negotiated and agreed upon by the parties.
Breach: A breach of contract occurs when one party fails to fulfill their obligations under the contract. Liability in contract law is based on the terms of the contract and whether a party has failed to perform as required.
Remedies: Contract law provides specific remedies for breaches of contract, such as damages, specific performance, or cancellation of the contract. The goal is to enforce the terms of the contract and compensate the non-breaching party for any losses suffered.
Privity: Contractual rights and obligations generally only exist between the parties to the contract. Third parties who are not parties to the contract generally cannot enforce its terms.
In summary, while both tort law and contract law involve civil wrongs and legal remedies, they operate under different legal principles and serve different purposes. Tort law focuses on compensating individuals for harm or injury caused by civil wrongs, while contract law governs agreements between parties and enforces their contractual obligations.
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