Tort
Tort is sometimes viewed as the causes of action which are not defined in other areas such as contract or fiduciary law. However, tort and contract law are similar in that both involve a breach of duties, and in modern law these duties have blurred and it may not be clear whether an action "sounds in tort or contract"; if both apply and different standards apply for each (such as a statute of limitations), courts will determine which is the "gravamen" (the most applicable). Circumstances such as those involving professional negligence may involve both torts and contracts. The choice may affect time limits or damages, particularly given that damages are typically relatively limited in contract cases while in tort cases noneconomic damages such as pain and suffering may be awarded. Punitive damages are relatively uncommon in contractual cases versus tort cases. However, compensation for defective but not unsafe products is typically available only through contractual actions through the law of warranty.
Privacy in English law
There is currently no freestanding right to privacy in common law. This point was reaffirmed when the House of Lords ruled in Home Office v Wainwright (a case involving a strip search undertaken on the plaintiff Alan Wainwright while visiting Armley prison). It has also been stated that the European Convention on Human Rights does not require the development of an independent tort of privacy. In the absence of a common law right to privacy in English law torts such as the equitable doctrine breach of confidence, torts linked to the intentional infliction of harm to the person and public law torts relating to the use of police powers have been used to fill a gap in the law. The judiciary has developed the law in an incremental fashion and have resisted the opportunity to create a new tort.