Law of Contract and the Law of Torts Historically, the law of obligations was based on the presumption that contract and tort were two areas that admitted of a clear and unambiguous demarcation. Thus, it had been assumed that the obligations and rights derived from a contract were formed by the parties to the contract, and most importantly accepted voluntarily by these parties.1 In this manner, the law of contract was visualised as an area of voluntary obligations; and the contract was understood as the expression of what was desired by the parties…
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In the past, liability was automatically imposed for causing injury to another, and this was the province of tort. On the other hand, contract law applied liability, only if there was consent among the parties. However, there is some commonality between the contract and tort laws. This has induced some plaintiffs to proceed against the defendant, under one of these laws. Although, it is not permissible to recover damages twice for the same injury, claimants have taken an active interest in exploring the possibilities offered by these two bodies of law. In fact, a plaintiff may recover by suing in contract, in order to circumvent some difficulty presented by the tort law to his action.3 The situation obtaining in this regard has been clearly described in their Lordships ruling in Henderson v Merrett Syndicates Ltd. In this case the House of Lords held that the defendant company was concurrently liable.4 As such, the defendants in this case were held liable under both contract and tort law. ...
Syndicates Ltd directed that irrespective of the relevant nature of the damage,5 concurrent liability betwixt contract and the tort of negligence was to be conceded.6 The situation prevailing, on account of the tort law has no bearing upon the law of restitution, which remains independent of the tort law. However, the tort committed does not inescapably constitute the basis of the recovery. It is the enrichment that results from the invasion or appropriation of the protected interest of the plaintiff that constitutes the basis of recovery.7 Not surprisingly, establishing the elements of the tort of interference is not indispensable for permitting recovery. It is an incontrovertible fact that new needs have arisen, which have not been adequately addressed by the traditional concepts that emerged from tort law.8 This serves to unequivocally demonstrate the independence of restitutionary claims. The principle of concurrent liability in contract and tort was recognised with Hedley Byrne & Co Ltd v Heller & Partners. In this case, it was held by the court that there could be a claim in tort, despite the existence of a contractual remedy.9 The ruling in Hedley Byrne states that assuming responsibility does not place the defendant under a duty of reasonable care to benefit the plaintiff. Jane Stapleton, an eminent legal scholar, has contended that the tort of negligence usually comes into play, with regard to a negligent failure to benefit. In such cases, it is the general practice to impose liability under the tort of negligence. As a consequence, it would be incorrect to consider such cases under contractual liability. 10 This stance is based on the notion that the commencement of the performance of a beneficial service by the defendant immediately places him in a
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(“Contract and tort Essay Example | Topics and Well Written Essays - 2000 words”, n.d.)
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(Contract and Tort Essay Example | Topics and Well Written Essays - 2000 Words)
“Contract and Tort Essay Example | Topics and Well Written Essays - 2000 Words”, n.d. https://studentshare.org/macro-microeconomics/1426401-contract-and-tort.
In discussing duty of care as a legal concept, Lord Atkin established the “neighbour” principle, which were defined as “persons who are so closely and directly affected by my act that I ought to reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called into question.” The Atkin “neighbour principle” paradigm was criticised for being too wide and risking floodgate claims through making it easy for legal practitioners to successfully argue negligence (Horsey & Rackley, 2009).
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The steady shift from restrictive fraudulent misrepresentation towards more modern forms of misrepresentation has confirmed to be an essential advancement in both tort and contract law. The paper examines and compares the law’s stance regarding the right to claim for economic losses emanating from negligent statements.
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Section 5 of the Employers Liability (Compulsory Insurance) Act 1969 states that: "An employer who on any day is not insured in accordance with this Act when required to be so shall be guilty of an offence and shall be liable on
Koffman L & McDonald E. (2007:1) define a contract as, “a legally enforceable agreement giving rise to obligations for parties involved.” Simply put, if you promise that you will do something for another person and in return, that person agrees to pay you
This could either be directly, or indirectly. These damages are often in terms of money from the party that stands accused of causing harm (Currie & Cameron, 2000). Usually, these matters often end up in a court of law. However, civil wrongs cannot be
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