Difference between tort and quasi contract

The Law of tort and quasi-contract are two different concepts. This Article put forward the Difference between tort and quasi contract.

Introduction to tort and Quasi-Contract

Law of Torts is the branch of law controlling the behavior of people in the society. It is a growing branch of law and its main object is to define individual rights and duties in the light of prevalent standards of reasonable conduct and public convenience. It provides pecuniary remedy for violation against the right of individuals. The entire Law of Torts is founded and structured on the principle that, ‘no one has a  right to injure another intentionally or even innocently.

But,

When a person gains some advantage or benefit to which some  other  person  was  entitled to, or by such advantage another person suffers an undue loss, the law may compel the former to compensate the latter in respect of advantage so  gained,  even though there is no such contract. The law of quasi-contracts covers such obligations.

Two Main Difference between tort and quasi contract

1. First on the basis of damages: A claim for damages under law of tort is always for an unliquidated  sum  of  money where as A claim for damages is for liquidated sum of money.
2. Second on the basis of attribution of duty: Under law of torts the duty is towards persons generally  where as In a  quasi-contract,  the duty is always towards a particular person.

Common Point

The common point between tort and quasi-contracts is that the duty in each case  is imposed by the law. However, in certain cases, where a tort has been committed, the injured party has a choice of not bringing an action for damages in tort, but of suing the wrongdoer in quasi-contracts to recover the value of the benefit obtained by the wrongdoer. When the injured party elects to sue in quasi-contract instead of tort, he is  said to have ‘waived the tort’.

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