Differences Between Torts and Breach of Trust
Torts and Breach of Trust, which are distinct legal concepts, though both may lead to civil liability.
🔍 Torts vs Breach of Trust – Key Differences
| Aspect | Tort | Breach of Trust |
|---|---|---|
| Meaning | A tort is a civil wrong that causes harm or injury, for which a legal remedy (usually compensation) is available. | A breach of trust occurs when a trustee violates the duties or responsibilities owed to a beneficiary under a trust. |
| Legal Relationship | No prior relationship needed between the parties. | There is a fiduciary relationship (trustee and beneficiary). |
| Nature of Duty | Duties are imposed by law and owed to society at large. | Duties are imposed by equity and arise from the trust agreement. |
| Injury Type | Typically involves personal injury, property damage, or reputation. | Involves mismanagement or misuse of trust property. |
| Remedy | Damages (monetary compensation). | Restitution, account of profits, or removal of trustee. |
| Intention | Can be intentional or due to negligence. | Often involves breach of good faith or fiduciary duty. |
| Example | Defamation, negligence, trespass. | Trustee investing trust funds recklessly or for personal gain. |
| Jurisdiction | Handled in civil courts. | Handled in equity courts or special benches for trust law. |
✅ Summary
Tort = General civil wrong → compensation for harm
Breach of Trust = Fiduciary failure → equitable relief for misuse of entrusted property
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