Contract Law - Difference between contract and tort
What this page is about: This page is a handy short list of the main differences between the law of contract and the law of tort.
What are the differences between 'contract' and 'tort'?
The MAIN differences between contract and tort are:- Duties in tort are determined by the law - duties in contract are chiefly determined by the parties. In other words, you choose to be bound under a contract but you cannot choose whether or not to be bound under the law.
- Duties in tort are commonly owed to persons generally whereas those in contract are towards a specific person or persons.
The differences above are reflected in the following:
- assignment - you can assign a debt but you cannot assign a right of action in tort
- capacity of the parties - a minor is liable for their torts but is limited in liability in relation to contract
- conflict of laws - the conflict of laws rules are different for contract and tort
- damages - there are significant differences between the measures of damages recoverable in contract and tort
- limitation of actions - although both contract and tort claims basically have the same limitation period, there are important differences regarding the time from which the cause of action accrues
- service of writs outside the jurisdiction (Civil Jurisdiction and Judgments Act 1982 s 2); and
- the general requirement of consideration to make a contract binding.
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