Which one of the following is not correct?
A. In tort, damages are unliquidated but is breach of contract, they are liquidated
B. The duty in tort is primarily fixed by the law but in a contract the same IS created by, parties themselves
C. Proof of malice is generally necessary for an action in tort while it is not relevant in case of breach of contract
D. In tort, the duty is towards persons generally, while in contract the same is towards the parties to the agreement
Answer: Option C

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