GENERAL DEFENCES Crime Torts It is the infringement

GENERAL DEFENCES

Crime Torts It is the infringement of Public It is the infringement of private right of rights (affecting the public at large) an individual. Proceedings are initiated and conducted in the State. Proceedings are initiated and conducted by the injured himself Compromise is possible only in It is always open to the injured party to compoundable cases enter into compromise at any stage of the proceedings. The offender is punished by State. (put The wrongdoer has to compensate the behind the bars) injured party There is no time limit to initiate the case. Suit may be filed within one year of the However, delay may be harmful infringement of right. No Court-fee is applicable Proceedings are regulated under Criminal Proceedings are regulated by Civil Procedure Code 1867. Procedure Code, 1908.

Breach of Contract Torts it is infringement of right in personam It is the infringement of right in rem Rights and duties are fixed by parties themselves. Rights and duties are fixed by law Duty is created by the party and owed to a specific person or group of people The remedy is in ofrm of liquidated damages Suit may be filed within a period of 3 year There is no concept of exemplary damages Motive of the party committing the breach is irrelevant Duty is created by state and owed to the society in general The remedy is in form of unliquidated damages Suit may be filed within one year of the infringement of right. Exemplary damages may be awarded in certain case like Defamation. Motive of person doing wrong is generally taken into consideration.

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