Question

In: Accounting

Explain how Tort Law is different than Contract, Criminal and Tort Law

Explain how Tort Law is different than Contract, Criminal and Tort Law

Solutions

Expert Solution

A tort is a Wrongful act that injures or interfere with the Another person or property. Tort is a civil case proceedings. If defendent looses in case of tort case then he may have pay damages to the plaintiff. There is no need of contract for the tort.

A crime is a wrongful act that State governments or federal government has identified as a crime. A criminal case is a criminal proceeding. If defendent looses then defendant has to serve the sentence.

Contract is an agreement between two parties that enforceable in the court of law. if some one doesn't fullfill his part of obligations in the contract then using contract law we can sue that person and claim damages or perormance from other party.

And hence for existence of tort contract is not necessary and both tort and crime are wrongs but how they are different is crimes are wrongs identified by the state as the crime and all other wrongs are covered under tort.

For example- some one example A murdered B then as the murder is identified by government as crime so criminal proceedings will take place.

And if some one made accident with car then as it is not a wrong identified as crime by State government but also it injures the person so it is covered under torts and hence contract is not required for a wrong to become a tort.

And for example A and B entered into contract for sale of goods and A has sold the goods to B but B don't made the payment and it is also wrong done by B by not performing his obligations under contract so A can go to court to enforce the contract..


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