Misdeed is penetrate of some polite obligation autonomous of agreement for which remuneration might be recoverable. In the event that there is a physical issue for which no pay is recoverable isn’t misdeed. The law of misdeed depends on customary law. It is as yet developing. It isn’t the piece of sculpture law. LTD.
- Which means:
The word misdeed is gotten from Latin word “Tortum” which intends to wind or ‘lead’ which is contorted.
As indicated by Salmond Tort is a common wrong for which the cure is a precedent-based law activity for Unliquidated harms, and which isn’t only the break of a trust or other just impartial commitment.
Misdeed is a private or common wrong.
Misdeed is a private or common wrong free of agreements for which fitting cure is an activity for unliqidated harms.
- Recognize TORT AND CONTRACT:
I. AS TO RIGHTS:
Law of misdeed ensures directly in rem accessible against the entire world.
Law of agreement ensures rights in personam which implies against a specific person.
II. AS TO DAMAGES:
In misdeed, harms are unliquidiated.
In agreement harms are liquidiated.
III. AS TO CONSENT:
Tort is constantly caused against assent of the individual.
Contract is constantly established on assent of an individual.
IV. AS TO CODIFICATION:
Law of misdeed isn’t arranged.
Law of agreement is arranged.
V. AS TO FIXATION OF RIGHT AND DUTIES:
Rights and obligations are fixed by law in law of misdeed. > Rights and obligations are fixed by parties in agreement.