1. Presentation:
Misdeed is break of some considerate obligation autonomous of agreement for which remuneration might be recoverable. Assuming there is a physical issue for which no pay is recoverable isn’t misdeed. The law of misdeed depends on custom-based regulation. It is as yet developing. It isn’t the piece of sculpture regulation.
2. MEANING:
The word misdeed is gotten from Latin word “Tortum” and that means to wind or ‘lead’ which is turned.
3. DEFINITION:
> Salmond:
As indicated by Salmond Misdeed is a common wrong for which the cure is a customary regulation activity for Unliquidated harms, and which isn’t solely the break of a trust or other simply evenhanded commitment.
> Oxford Word reference:
Misdeed is a private or common wrong.
> Philip James:
Misdeed is a private or common wrong free of agreements for which suitable cure is an activity for unliqidated harms.
4. Recognize Misdeed AND Agreement:
I. AS TO Freedoms:
> Law of misdeed safeguards right in rem accessible against the entire world.
> Law of agreement safeguards freedoms in personam which implies against a specific person.
II. AS TO Harms:
> In misdeed, harms are unliquidiated.
> In agreement harms are liquidiated.
III. AS TO Assent:
> Misdeed is constantly incurred 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 Obsession OF RIGHT AND Obligations:
> Freedoms and obligations are fixed by regulation in law of misdeed. > Freedoms and obligations are fixed by parties in agreement.
VI. AS TO Guard:
> In law of misdeed need is a guard. > In agreement, need is no guard.
VII. AS TO Teaching OF VICARIOUS Risk:
> Standard or teaching of vicarious risk applies.
> Standard or teaching of vicarious risk doesn’t have any significant bearing.
VII. AS TO Limit:
> Impediment of time is one year in misdeed. > Impediment of time is three years in agreement.
IX. AS TO POSITION OF MINOR:
> In law of misdeed a minor individual can sue and can be sued.
> In agreement a minor individual can not sue and can not be sued.
5. Recognize LAW OF Misdeed AND CRIMINAL Regulation:
I. AS TO Gatherings:
> In misdeed parties are known as offended party and respondent.
> In criminal regulation, parties are known state and blamed.
II. AS TO Discipline:
> Tortfeasor needs to pay harms.
> Criminal are shipped off jail.
III. AS TO System:
> In misdeed, procedures are controlled by common methodology code 1908.
> Continuing are controlled by the criminal methodology code 1898.
IV. AS TO Aim:
> Aim isn’t pertinent in tortiuous act.
> Goal is consistently applicable in criminal demonstration.
V. AS TO Safeguard:
> Need is a safeguard in tortiuous act.
> Need isn’t a safeguard in criminal demonstration.
VI. AS TO Think twice about:
> In misdeed, compromise is passable.
> Compromise isn’t passable in criminal regulation.
VII. AS TO Procedures:
> Procedures are directed by harmed individual in law of misdeed.
> Continuing are directed by the state in criminal regulation.
VIII. AS TO CODIFICATION:
> Law of misdeed isn’t systematized.
> Systematized in Pakistan punitive code.
IX. AS TO POSITION OF MINOR:
> An individual under long term is convolutedly obligated in misdeed.
> An individual under long term isn’t criminally obligated.
6. End:
To close I can say that law of misdeed is not quite the same as law of agreement and criminal regulation.
Omar Ejaz Backer is Head of Law office “Omar Regulation and Partners”. He likewise a Senior Inspector for a significant test board and A-levels Regulation teacher at numerous neighborhood establishments.
