Distinction between Tort and crime-
Below are some distinctions between a tort and a crime under Kenya law
Below are some distinctions between a tort and a crime under Kenya law
Tort
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Crime
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i) Less serious wrongs are considered as private wrongs and have been labelled as civil wrong.
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i) More serious wrongs have been considered to be public wrongs and are known as crimes.
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ii) The suit is filed by the injured person himself.
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ii) The case is brought by the state.
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iii) Compromise is always possible.
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iii) Except in certain cases, compromise is not possible.
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iv) the wrongdoers pays compensation to the injured party.
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iv) The wrongdoer is punished.
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Distinction between Tort and breach of contract-
Breach of contract
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Tort
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i) It results from breach of a duty undertaken by the parties themselves.
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i) It occurs from the breach of such duties which are not undertaken by the parties but which are imposed by law.
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ii) In contract, each party owes duty to the other.
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ii) Duties imposed by law of torts are not towards any specific individual but towards the world at large.
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iii) Damage of contract is liquidated.
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iii) Damage of tort is unliquidated.
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iv) It provides limited remedy
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iv) It provides unlimited remedy.
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Distinction between Tort and Breach of trust-
Tort
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Breach of Trust
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i) Damage of tort is unliquidated.
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i) Damage of breach of trust is liquidated.
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ii) Law of tort was part of common law.
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ii) Law of trust was part of Court of Chancery.
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iii) Tort is partly related to the law of property.
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iii) Trust is a branch of law of property.
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