Week 3- Difference in Torts, Contractual and Criminal Liabilities

  1. Nature of Contractual libaiities. 2 Difference between Torts and Breach of Contract 3. Difference Between Torts and Crime

In order to comprehend the sphere of law of torts, its difference from relevant category of civil wrong and public wrong is essential. So far as the diffrence between Torts and Crime is concernded, both resemble eacother in the sense that both are the infirngement of right in rem. but law of Torts deals with the breach of Private right in rem and Law of Crimes deal with the inffingement of Public right in rem. thereofre, both stand poles apart from each other in the matter of process and nature of liability. in Crime state is always a neceessary party to the proceedings. therefore it is not always permissble for the parties to enter into compromise. on the other hand, in case of Torts as the proceedings are initiated and conducted in the name of parties themselves, therefore, it is always open for them to enter into compromise at any stage of the proceedings. A chlid less than the mage of 7year is never liable in crime whereas in law of torts, depending upon the circumstances he may be held liable.

Breach of contarct and Law of torts appears to have a close relationship  in the sense that both deals with the private right of individual. there are a lot similities between them. But the points of difference are sharp enoigh to make both different branches of law. Breach of contract is related to the infirngment of right in personam .i.e, rights available against a specific person or a definite group of people. both provides remedy in form of financial compensation. But the nature of compensation is different. Breach of contract provides liquidated damages whereas the nature of damges is unliquidated in Torts. 

Recommended Cases

Odger v. Turner 6 Mod. 104

Lemon v. Simmons L.J.Q. 156

R v. Pagham Commissioner 8 B. 362

 

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