Question

Following are some statements in respect to torts and contracts. Which of the statements are wrong?
i) A tort is inflicted without consent while contract is founded upon consent.
ii) Motive is taken into consideration in case of tort but it is immaterial in breach of contract.
iii) Tort is a violation of right in rem (rights available against the world at large) while breach of contract is an infringement of a right in personam (right available against some determinate person).

• A. Only statements (ii) and (iii) are wrong.
• B. Only statements (i) and (iii) are wrong.
• C. All three statement is wrong.
• D. None of the statements are wrong.

Answer 1

The correct option is A Only statements (ii) and (iii) are wrong.

Under tort, harm is always inflicted against the will of a party whereas under contract, which is an agreement between the parties, there is an element of consent. Motive is material under tort in order to prove certain wrongs but for breach of contract it does not hold mush of a significance. Tort is violation of right in rem whereas breach of contract is violation of right in personam. Therefore none of the statements are wrong and hence (D).