1. INTRODUCTION:

The tort is the breach of some civil duty independent of the contract for which compensation can be recovered. If there is an injury for which compensation cannot be recovered, that is not wrong. Tort law is based on common law. It’s still growing. It is not part of statutory law.

2. MEANING:

The word tort is derived from the Latin word “tortum” which means to twist or ‘lead’ that which is twisted.

3. DEFINITION:

>Salmon:

According to Salmond, the tort is a civil injury for which a common law action for unliquidated damages is to remedy, and which is not exclusively the breach of a trust or other merely equitable obligation.

> Oxford Dictionary:

The tort is a private or civil damage.

>Philip James:

Tort is a private or civil injury independent of contracts for which the appropriate remedy is an action for unpaid damages.

4. DISTINGUISH BETWEEN TORTS AND CONTRACTS:

I. REGARDING RIGHTS:

> The law of evil protects the real right available against everyone.

> Contract law protects rights in personam, which means against a particular individual.

II. REGARDING DAMAGES:

> In bad, the damages are unliquidated.

> Damages are settled in the contract.

third REGARDING CONSENT:

> The tort is always inflicted against the person’s consent.

> The contract is always based on the consent of a person.

IV. REGARDING THE CODING:

> Civil liability law is not codified.

> The law of the contract is codified.

V. REGARDING THE ESTABLISHMENT OF RIGHTS AND DUTIES:

> The rights and duties are fixed by law in the law of evil. > The rights and duties are set by the parties in the contract.

SAW. AS FOR THE DEFENSE:

> In tort law, necessity is a defense. > In the contract, necessity is not defense.

VII. REGARDING THE DOCTRINE OF VICARARY RESPONSIBILITY:

> The principle or doctrine of vicarious liability applies.

> The principle or doctrine of subsidiary liability does not apply.

VII. REGARDING THE LIMITATION:

> The time limitation is one year in error. > The time limitation is three years in the contract.

IX. REGARDING THE POSITION OF THE MINOR:

> In the law of evil, a minor can sue and can be sued.

> In the contract a minor person cannot sue and cannot be sued.

5. DISTINGUISH BETWEEN TORT LAW AND CRIMINAL LAW:

I. AS TO THE PARTIES:

> The wrong parties are known as Plaintiff and Defendant.

> In criminal law, the parties are known and accused state.

II. AS TO THE PUNISHMENT:

> Tortfeasor has to pay damages.

> Criminals are sent to prison.

third AS TO THE PROCEDURE:

> In non-contractual liability, the procedures are regulated by the code of civil procedure 1908.

> The procedures are regulated by the criminal procedure code of 1898.

IV. AS TO THE INTENTION:

> The intention is not relevant in the criminal act.

> The intention is always relevant in the criminal act.

V. REGARDING THE DEFENSE:

> Necessity is a defense in the devious act.

> Necessity is not a defense in the criminal act.

SAW. AS A COMMITMENT:

> In bad, committed is permissible.

> Compromise is not allowed in criminal law.

VII. REGARDING THE PROCEDURES:

> Proceedings are conducted by the person injured in the law of wrong.

> Proceedings are conducted by the state in criminal law.

VII. REGARDING THE CODING:

> Civil liability law is not codified.

> Codified in the penal code of Pakistan.

IX. REGARDING THE POSITION OF THE MINOR:

> The person under seven years of age is liable for extra-contractual liability.

> A person under the age of seven is not criminally responsible.

6. CONCLUSION:

To conclude I can say that civil liability law is different from contract law and criminal law.