... an action from a contractual arrangement between parties of which he is not one, and where the loss is not strictly as a result of breach of contract, e.g. a mistake of fact; no contractual obligation exists between parties and yet no tort has been committed either. The effect of separating an analysis of the law of obligations into the strands of contract and tort is to create distinctions of duties. The overriding feature of contract that separates it from tort is that such obligations are voluntary agreed by specific persons, whereas civil obligations are overall imposed on people generally by the rule of law. Therefore, the main difference is the idea that formation of a contract requires mutual assent; this concept of agreement has no place in tort. Professional responsibility is an example which illustrates the above principle. A claim is actionable as a consequence of a specific contract, but ...

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