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Separate Law of Tort, Criminal Law and Contract Act

1. INTRODUCTION:

Tort is breach of some civil duty separate from agreement for which compensation might be recoverable. If there’s an injuries that no compensation is recoverable isn’t tort. What the law states of tort is dependant on common law. It’s still growing. It’s not negligence statue law.

2. MEANING:

The term tort comes from Latin word “Tortum” meaning to twist or ‘conduct’ that is twisted.

3. DEFINITION:

> Salmond:

Based on Salmond Tort is really a civil wrong that the remedy is a very common law action for Unliquidated damages, and which isn’t solely the breach of the trust or any other just equitable obligation.

> Oxford Dictionary:

Tort is really a private or civil wrong.

> Philip James:

Tort is really a private or civil wrong separate from contracts that appropriate remedy is definitely an action for unliqidated damages.

4. Separate TORT AND CONTRACT:

I. Regarding Legal rights:

> Law of tort protects in rem available against the world.

> Law of contract protects legal rights in personam meaning against a specific individual.

II. Regarding DAMAGES:

> In tort, damages are unliquidiated.

> In contract damages are liquidiated.

III. Regarding CONSENT:

> Tort is definitely inflicted against consent of the individual.

> Contract is definitely founded on consent of the person.

IV. Regarding CODIFICATION:

> Law of tort isn’t codified.

> Law of contract is codified.

V. Regarding FIXATION OF RIGHT AND Responsibilities:

> Legal rights and responsibilities are fixed legally in law of tort. > Legal rights and responsibilities are fixed by parties in contract.

Mire. Regarding DEFENCE:

> In law of tort necessity is really a defence. > In contract, necessity isn’t any defence.

VII. Regarding DOCTRINE OF VICARIOUS LIABILITY:

> Principle or doctrine of vicarious liability applies.

> Principle or doctrine of vicarious liability doesn’t apply.

VII. Regarding LIMITATION:

> Limitation of your time is a year in tort. > Limitation of your time is 3 years in contract.

IX. Regarding POSITION OF MINOR:

> In law of tort a small person can sue and could be sued.

> In contract a small person can’t sue and cannot be sued.

5. Separate LAW OF TORT AND CRIMINAL LAW:

I. Regarding PARTIES:

> In tort parties are classified as complaintant and defendant.

> In criminal law, parties are known condition and accused.

II. Regarding PUNISHMENT:

> Tortfeasor needs to pay damages.

> Criminal are delivered to prison.

III. Regarding PROCEDURE:

> In tort, proceedings are controlled by civil procedure code 1908.

> Proceeding are controlled through the criminal procedure code 1898.

IV. Regarding INTENTION:

> Intention isn’t relevant in tortiuous act.

> Intention is definitely relevant in criminal act.

V. Regarding DEFENCE:

> Necessity is really a defence in tortiuous act.

> Necessity isn’t a defence in criminal act.

Mire. Regarding COMPROMISE:

> In tort, compromise is allowable.

> Compromise isn’t allowable in criminal law.

VII. Regarding PROCEEDINGS:

> Proceedings are conducted by hurt part of law of tort.

> Proceeding are conducted through the condition in criminal law.

VIII. Regarding CODIFICATION:

> Law of tort isn’t codified.

> Codified in Pakistan penal code.

IX. Regarding POSITION OF MINOR:

> An individual under seven year is tortuously liable in tort.

> An individual under seven year isn’t criminally liable.

6. CONCLUSION:

To summarize I’m able to state that law of tort differs from law of contract and criminal law.

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