Distinguish between tort law, criminal law and contract law

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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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