The law of trusts and equitable obligations belong to separate department, and the law of torts belongs to another department. Both of them are governed by different principles.
1. Tort is a civil wrong. Civil proceedings shall be instituted.
2. It is not codified law.
3. Motive is irrelevant.
4. The law of torts in its origin is a part of the common law.
5. The plaintiff and the defendant may or may not know each other previous to the incidence of tortious liability.
6. The legal remedy for a tortious liability is unliquidated damages.
Breach of Trust (Equitable Obligation)
1. Breach of Trust and other equitable obligations are criminal offences, and are liable for punishment with imprisonment, or fine or both.
2.. It is a codified law.
3. Motive is relevant.
4. Breach of Trust and other obligations fell exclusively within the jurisdiction of equity.
5. The plaintiff and the defendant know each other from the beginning. In fact the law of the trust is depended upon the trust on each other.
6. Injunctions, specific restitution of property, and the payment of liquidated sums of money by way of penalty, etc. are legal remedies available to the plaintiff. Besides them, the defendant is also liable for fine or imprisonment or both under” the criminal proceedings.