Difference Between Tort and Breach of Contract
Tort and Breach of Contract, which are both grounds for civil liability but differ fundamentally:
🔍 Difference Between Tort and Breach of Contract
| Aspect | Tort | Breach of Contract |
|---|---|---|
| Definition | A civil wrong causing harm or injury to a person, property, or reputation, independent of any contract. | Failure to perform a duty or obligation as agreed in a contract between parties. |
| Source of Duty | Duty imposed by law on everyone to act reasonably and avoid harm to others. | Duty arises from express or implied terms of a contract. |
| Parties Involved | Can be between any two persons, with or without prior relationship. | Only between parties who have entered into a contract. |
| Nature of Obligation | General duty to not harm others. | Specific duty defined by the terms of a contract. |
| Type of Wrong | Wrongful act or omission causing injury. | Failure to fulfill contractual promises. |
| Remedy | Damages to compensate for loss or injury. | Damages, specific performance, or injunction to enforce contract. |
| Fault/Intent | Can be intentional or negligent. | Usually involves failure to perform; intent is less relevant. |
| Examples | Negligence causing injury, defamation, trespass. | Failure to deliver goods, non-payment, breach of lease. |
Summary
Tort is a breach of a legal duty owed to all, causing harm.
Breach of contract is a breach of a contractual duty owed only to the contracting party.
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