DISTINCTION BETWEEN TORT AND CONTRACT: A FUNCTIONAL AND JURISPRUDENTIAL STUDY

AUTHOR – BHUMIKA BATRA, ADVOCATE, AMITY UNIVERSITY

BEST CITATION – BHUMIKA BATRA, DISTINCTION BETWEEN TORT AND CONTRACT: A FUNCTIONAL AND JURISPRUDENTIAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 278-284, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Tort law and contract law constitute two essential pillars of civil law, governing private relationships and defining the rights and duties of individuals. While both legal frameworks provide remedies for civil injury or loss, they operate on distinct principles and differ in terms of their source of obligation, scope of application, and legal outcomes. In contemporary legal practice, the lines between tortious liability and contractual liability have at times intersected, giving rise to interpretative challenges and scholarly debate. This research paper presents a functional and jurisprudential examination of the distinction between tort and contract by analysing their conceptual foundations, core elements, available remedies, and judicial treatment. The study underscores the importance of preserving a clear doctrinal separation between these two branches of law to promote consistency, fairness, and certainty in the resolution of civil disputes.

Keywords: Tort, Contract, Civil Responsibility, Negligence, Breach of Agreement, Jurisprudence