Tort and Other Civil Wrongs

• Law of Torts — Meaning and Definition of Tort LLB Notes
• Is It “Law of Tort” or “Law of Torts”?
• Essential Elements of Tortious Liability Law of Torts LLB Notes

A tort is a civil wrong arising from the breach of a legal duty that is generally imposed by law and for which the law provides a remedy. However, tort is only one category of legal wrong.

A similar-looking dispute may instead involve:

• a crime,
• a breach of contract,
• a quasi-contractual obligation, or
• a breach of trust.

Understanding these distinctions is important because the source of the duty, nature of the right, parties involved, purpose of the proceeding and available remedies may be different.

At the same time, the categories are not always completely isolated. The same facts can sometimes give rise to more than one legal consequence.

For example, a negligent act may create a tort claim and, depending on the circumstances, may also have contractual or statutory consequences.

1. Tort and Crime

What is a Tort?

A tort is primarily a civil wrong for which the injured person may seek a civil remedy.

Examples include:

• negligence,
• nuisance,
• trespass,
• defamation,
• assault, and
• false imprisonment.

The purpose of a tort action is generally to provide an appropriate remedy for the infringement of the claimant’s legally protected interest.

What is a Crime?

A crime is an act or omission that is treated by criminal law as an offence against the State/society.

The primary objective of criminal proceedings is generally:

• punishment of the offender;
• prevention of crime;
• protection of society; and
• maintenance of public order.

The victim may also receive compensation in appropriate circumstances, but criminal liability is distinct from an ordinary private tort action.

Difference Between Tort and Crime

Important Point

The distinction should not be reduced to:

“Tort = compensation; crime = punishment.”

That is useful for beginners but incomplete.

A single act may have both civil and criminal consequences.

Example

Suppose A intentionally assaults B.

Depending upon the facts:

• B may have a civil claim in tort, and
• the State may prosecute A for the applicable criminal offence.

Thus, one act can constitute both a tort and a crime.

2. Tort and Breach of Contract

This is one of the most important distinctions in the Law of Torts.

Tort

In tort, the relevant duty is generally imposed by law.

The parties do not have to create that duty through an agreement.

For example, a driver owes duties of reasonable care to other road users independently of any contract between them.

Contract

A contract arises from an agreement creating legally enforceable obligations between the parties.

The Indian Contract Act, 1872 governs important aspects of contractual obligations and provides, among other things, rules concerning the consequences of breach of contract. (India Code)

Simple Example

A agrees to sell a laptop to B for ₹50,000.

If A refuses to deliver the laptop in breach of the agreement, B’s claim arises primarily from the contractual obligation created by their agreement.

But if A negligently injures B while delivering the laptop, the same circumstances may potentially raise a tortious claim, depending on the facts.

Tort vs Breach of Contract

Contractual damages may be unliquidated, while a contract may also contain a stipulated sum or penalty clause whose treatment is governed by the applicable law.

Similarly, tort remedies are not limited to damages.

Tort and Contract Can Sometimes Overlap

The same facts can sometimes involve both contractual and tortious duties.

Example

A doctor treats B.

Depending on the legal relationship and circumstances, the facts may raise:

• contractual obligations, and
• a tortious claim based on negligence.

Therefore:

A contractual relationship does not automatically exclude tortious liability.

The precise cause of action depends upon the facts and applicable law.

3. Tort and Quasi-Contract

What is a Quasi-Contract?

The expression “quasi-contract” is a traditional term.

The Indian Contract Act, 1872 does not literally call these arrangements “quasi-contracts.” Instead, Chapter V is titled “Of Certain Relations Resembling Those Created by Contract”, and includes Sections 68–72. (India Code)

These provisions deal with situations such as:

• supply of necessaries to a person incapable of contracting;
• reimbursement of a person who pays money which another is legally bound to pay;
• obligations arising from non-gratuitous acts;
• responsibility of a finder of goods; and
• money or goods received by mistake or under coercion. (India Code)

Why is it called “Quasi-Contract”?

Because there may be no actual agreement between the parties, but the law nevertheless imposes an obligation in order to prevent an unjust result.

Example

A mistakenly delivers goods to B.

B knows that the goods do not belong to him but keeps them.

The law may impose an obligation upon B to deal with the benefit according to the applicable legal rules even though A and B never entered into a contract for that transaction.

Tort vs Quasi-Contract

The Supreme Court has recognised the distinction between tortious and quasi-contractual liability and explained that quasi-contractual liability may be imposed by law without agreement, while its duty is directed toward a particular person rather than toward persons generally. (Indian Kanoon)

Although both may involve obligations imposed by law, they have different legal foundations and purposes.

The Supreme Court has also recognised quasi-contract/restitution as a distinct category rather than treating it simply as contract or tort. (Indian Kanoon)

4. Tort and Breach of Trust

What is a Trust?

Under the Indian Trusts Act, 1882, a trust is an obligation attached to ownership of property arising from a confidence accepted for the benefit of another.

The Act defines a breach of trust as a breach of a duty imposed upon a trustee, as such, by law. (India Code)

The relationship therefore has a special structure:

Author of Trust → Trustee → Beneficiary

The trustee holds or manages trust property subject to legal duties owed in connection with the trust.

What is a Breach of Trust?

A breach of trust occurs when a trustee breaches a duty imposed upon the trustee in that capacity.

Example

A is appointed trustee to manage property for B’s benefit.

If A unlawfully deals with the trust property contrary to the trustee’s legal duties, the conduct may constitute a breach of trust.

The essential point is that the liability arises from the special fiduciary/trust relationship, not simply from a general duty owed to persons at large.

Tort vs Breach of Trust

The distinction is expressly reflected in Indian statutory terminology. The Limitation Act, 1963 uses the concept of a tort while separately referring to breach of contract and breach of trust. This is one reason students should not collapse the categories into one another.

5. Tort and Other Civil Wrongs — Comparison Table

6. Indian Position

Indian law recognises these as distinct legal categories, although the boundaries can overlap in particular cases.

1. Tort Law

Indian tort law remains largely based on common-law principles developed through judicial decisions, together with relevant legislation and constitutional developments.

There is no single comprehensive Indian statute codifying the entire law of torts.

2. Contract

The Indian Contract Act, 1872 provides the principal statutory framework for contracts and also contains Chapter V on certain relations resembling those created by contract. (India Code)

3. Quasi-Contract

The traditional expression “quasi-contract” corresponds in Indian statutory law to the relations resembling those created by contract under Sections 68–72 of the Indian Contract Act. (India Code)

4. Trust

The Indian Trusts Act, 1882 defines trusts, trustees, beneficiaries and breach of trust and provides a statutory framework concerning private trusts and trustees. (India Code)

5. Crime

Criminal liability is governed by the applicable criminal statutes and procedural law. A single factual incident can sometimes generate both civil/tortious consequences and criminal proceedings.

Therefore:

Civil liability and criminal liability should be analysed separately even when they arise from the same facts.

7. Important Cases

Jai Laxmi Salt Works (P) Ltd. v State of Gujarat

This Supreme Court decision is useful when studying the conceptual nature of tortious liability and the distinction between tort and other legal obligations.

It is particularly valuable for understanding that tort law cannot be reduced simply to every form of civil liability.

V.S. Ramaswamy Iyer v Brahmayya & Co.

The Supreme Court discussed the distinctions among tort, contract, quasi-contract and obligations in the nature of trusts.

The judgment is particularly useful for understanding the different scope and source of obligations. (Indian Kanoon)

Remember

Tort → generally duty imposed by law

Contract → obligation arising from agreement

Quasi-contract → obligation imposed by law in recognised restitutionary situations

Trust → special duties arising from the trust relationship

A breach of trust arises from a special trust/fiduciary relationship and the trustee’s duties in that capacity.

8. FAQs

Joint and Several Liability in Tort Law: Meaning, Rule, Examples & Important Cases

September 2, 2026

Written by Dr. Rekha Khandelwal, Law Educator, Author & Legal Researcher, specializing in clear, student-friendly…

Read More

Joint Tortfeasors in Tort Law: Meaning, Liability, Types & Important Cases

September 2, 2026

Law of Torts Complete Constitutional Law Complete Notes Joint Tortfeasors in Tort Law Written by…

Read More

Capacity to Be Sued in Tort Law: Meaning, Minors, Corporations & Other Persons

September 2, 2026

Law of Torts Complete Constitutional Law Complete Notes Capacity to Be Sued in Tort Law…

Read More