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1. Existing contractual relations before there can be a breach. No relation ought to exist between the tortfeasor and the injured party.
2. Rights and duties in contracts are created by contracting parties unlike in torts.
3. Damages after a breach can be liquated on unliquidated, unlike in torts where it is unliquidated.
1. A crime is committed against the whole of society, whilst a tort is committed against an individual.
2. The law of torts is judge-made unlike a crime which is created by the legislature.
3. Punishment for a crime includes a fine, imprisonment, or death. Payment of monetary compensation is usually the outcome of a successful tort action.