Objectives &Scope

Objectives of Law of Torts

to determine the rights between parties to dispute
to protect certain rights recognized by law
to prevent the continuation or repetition of a harm
to restore the property to its rightful owner

Scope of Tort

Tort & Contract

In a contract, the parties fix the duties themselves whereas in torts, the law fixes the duty.
A contract stipulates that only the parties to the contract can sue and be sued on it (privity of contract) while in tort, privity is not needed in order to sue or be sued.
In the case of contract, the duty is owed to a definite person(s) while in tort, the duty is owed to the community at large i.e. duty in- rem.
In contract remedy may be in the form of liquidated or unliquidated damages whereas in tort, remedies are always unliquidated.