conditions themselves by their agreement. In tort, on the other hand, duties are fixed by law.
The distinction between tort and contract lies in the nature of the duty that is infringed. In tort the duty is one imposed by the law and is owed to the community at large, whereas in contract the duties are fixed by the parties themselves. A tort also differs from a crime in the following respects:
| Tort | Crime | |||
| A tort is an infringement of the civil rights belonging to individuals considered as individuals. | A crime is a breach of public rights and duties which effect the whole community considered as a community | |||
| In tort the actions is brought in the court by the victim of the tort and the wrongdoer has to compensate him. | In crime the proceedings are conducted by the state of council in the name of state and the accused if proved guilty is punished accordingly | |||
| In the tort the purpose of awarding damages etc is to compensate individual who had suffered wrong. | In criminal matters, the purpose of the actions may be broadly classed as punishment, the purpose of which is prevention, reform and deterrence.
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The same fact sometimes may disclose a breach of contract, a crime and a tort. Thus where A employs B a cab driver to drive A to Nairobi National Park, and B through careless driving causes a serious accident. As a result of this accident A and C , a pedestrian are seriously injured. A can sue B for a breach of contract as well as for injuries received in tort. C can bring an action against B in tort, and the police may also bring prosecution against B for dangerous driving.