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1. INTRODUCTION:
Tort is a violation of any civil duty independently of contract benefits may be recoverable. If there is an injury that no compensation is recoverable is not a tort. The tort is based on common law. It is still growing. It is not part of the statue law.
2. Marking :.
tort word is derived from the Latin word “torta” which means to turn or “conduct” that is twisted
3. The definition of
> Salmond
According to Salmond tort is a civil wrong that cure the common law action for Unliquidated damages, which is not only the violation of trust or other just equitable obligation
> Oxford Dictionary: ..
Tort is a private or civil wrong
> Philip James
Tort is private or civil wrong regardless of contracts to remedy is an action for damages unliqidated
4 .. Distinguish between Tort and Contract
i. We seek legal :.
> tort law protects the right of the REM available against the whole world
> Law Convention protect the right of personas that means against particular person.
II. AS damages :.
> In tort, damage unliquidiated
> The contract damages are liquidiated
III. AS to give consent
> Tort is always cause against the consent of the person
> contract is always established. the consent of a person.
IV. AS systematic :.
> tort law is not codified
> contract law is codified
V. AS fixation rights and obligations
> rights and obligations are fixed by the law of tort. > Rights and obligations are determined by the parties in agreement.
VI. AS defense
> In tort necessity defense. > The agreement, necessity is no defense.
VII. AS doctrine of vicarious liability :.
> principle or theory of vicarious liability applies
> ideology or doctrine of vicarious liability does not apply.
VII. AS restriction
> limitation period is one year in tort. > Limitation of time is a three-year contract.
IX. AS status minor :.
> In tort minor person can sue and be sued
> The Agreement minor person can not sue and not be sued.
5. Distinguish between tort and criminal law
i. AS the party :.
> In tort parties are known as the plaintiff and the defendant
> In criminal law, the parties are known to the state and the accused .
II. AS punishment
> Tortfeasor has to pay damages
> Criminal sent to prison
III. AS method
> The tort is a procedure regulated by the Civil Procedure Code 1908.
> Fer are controlled by CCP 1898.
IV. AS intention
> plan is not appropriate in tortiuous act
> intention is always relevant in a criminal. ceremony.
V. AS defense
> Necessity is the protection tortiuous act
> need not protection. punishable.
VI. AS compromise
> In tort, compromise is permissible
> Compromise is not allowed in criminal law
VII. AS a matter :.
> run by the claimant’s tort
> Fer are made by the state in criminal law.
VIII. AS systematic: ..
> tort law is not codified
> Codified in the Pakistan Penal Code
IX. AS status minor :.
> man to seven years tortuously civil liability
> A person under seven years is not criminally responsible .
6. Conclusion :.
Finally I can say that tort law is different from the law of contract and criminal law
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