based on contract law and tort law
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First of all, both of these depends on the facts and circumstances of each case. A remedy of breach of contract may be defined in the contract i.e. the parties are free to determine the quantum of damages the non-breaching party is entitle to receive in the event of breach of contact from the breaching party. in absence of an express provision in this regard, the non-breaching party has to prove the actual loss and based on that they can claim the damages. In contract law the non-breaching party may also ask for specific performance of the contract.
In tort of negligence nothing is predefined, but in the event a party's negligence is proved then the party who suffered due to the negligence has to prove what damage is caused to him and then the court on its discretion may award the damages.
Orignal From: what are the differences between the remedy for breach of contract and the remedy for the tort of negligence?
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