I. AS TO RIGHTS:
Law of tort protects right in rem available against the whole world.
Law of contract protects rights in personam which means against a particular individual.
II. AS TO DAMAGES:
In tort, damages are unliquidiated.
In contract damages are liquidiated.
III. AS TO CONSENT:
Tort is always inflicted against consent of the person.
Contract is always founded on consent of a person.
IV. AS TO CODIFICATION:
Law of tort is not codified.
Law of contract is codified.
V. AS TO FIXATION OF RIGHT AND DUTIES:
Rights and duties are fixed by law in law of tort. Rights and duties
are fixed by parties in contract.
VI. AS TO DEFENCE:
In law of tort necessity is a defence.
In contract, necessity is no defence.
VII. AS TO DOCTRINE OF VICARIOUS LIABILITY:
Principle or doctrine of vicarious liability applies.
Principle or doctrine of vicarious liability does not apply.
VII. AS TO LIMITATION:
Limitation of time is one year in tort. Limitation of time is three years in contract.
IX. AS TO POSITION OF MINOR:
In law of tort a minor person can sue and can be sued.
In contract a minor person can not sue and can not be sued.
