1. INTRODUCTION:
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, it is not tort. Tort law is based on common law. It is still growing. It is not part of the statute law.
2. MEANING:
The word grievance is derived from the Latin word “Tortum” which means to twist or “conduct” that is twisted.
3. DEFINITION:
> Salmond:
According to Salmond, the tort is a civil damage whose remedy is a common law action for unliquidated damages, 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:
The tort is a private or civil damage independent of the contracts for which the appropriate remedy is an action for unliquidated damages.
4. DISTINGUISH BETWEEN GRIEVANCE AND CONTRACT:
I. REGARDING RIGHTS:
> Tort law protects available real rights against the entire world.
> Contract law protects rights in person, which means against a particular individual.
II. REGARDING DAMAGES:
> In tort, the damages are not liquidated.
> Damages are settled in the contract.
III. REGARDING CONSENT:
> The grievance is always inflicted against the person’s consent.
> The contract is always based on the consent of a person.
IV. REGARDING CODING:
> Tort law is not codified.
> Contract law is codified.
V. IN RELATION TO THE SETTING OF RIGHTS AND DUTIES:
> The rights and duties are established by law in the tort law. > The rights and duties are set by the contracting parties.
SAW. REGARDING THE DEFENSE:
> In tort law, the need is a defense. > In the contract, the need is not a defense.
VII. REGARDING THE DOCTRINE OF VICARY LIABILITY:
> The principle or doctrine of vicarious liability applies.
> The principle or doctrine of vicarious liability does not apply.
VII. REGARDING THE LIMITATION:
> The time limitation is an incorrect year. > The time limitation is three years in the contract.
IX. REGARDING THE POSITION OF THE MINOR:
> In tort law, a minor person can and can be sued.
> In the contract, a minor person cannot and cannot be sued.
5. DISTINGUISHING BETWEEN GRIEVANCE RIGHT AND CRIMINAL RIGHT:
I. REGARDING THE PARTIES:
> In tort the parties are known as plaintiff and defendant.
> In criminal law, the parties know each other in status and accuse each other.
II. REGARDING THE PUNISHMENT:
> The injured party has to pay damages.
> Criminals are sent to prison.
III. REGARDING THE PROCEDURE:
> In the case of tort, the procedures are regulated by the 1908 civil procedure code.
> The procedures are regulated by the 1898 Code of Criminal Procedure.
IV. REGARDING THE INTENTION:
> The intention is not relevant in the malicious act.
> The intention is always relevant in the criminal act.
V. REGARDING THE DEFENSE:
> Necessity is a devious act of defense.
> Necessity is not a criminal act defense.
SAW. AS TO COMMIT:
> Incorrectly, compromise is allowed.
> Compromise is not allowed in criminal law.
VII. REGARDING PROCEDURES:
> The proceedings are conducted by the injured person in tort law.
> The process is carried out by the state in matters of criminal law.
VIII. REGARDING CODING:
> Tort law is not codified.
> Codified in the penal code of Pakistan.
IX. REGARDING THE POSITION OF THE MINOR:
> A person under the age of seven is tortuously liable for tort.
> A person under the age of seven is not criminally liable.
6. CONCLUSION:
In conclusion, I can say that civil liability law is different from contract law and criminal law.