Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Contract and tort - Essay Example

Comments (0) Cite this document
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…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER96.5% of users find it useful
Contract and tort
Read Text Preview

Extract of sample "Contract and tort"

Download file to see previous pages 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 ...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
(“Contract and tort Essay Example | Topics and Well Written Essays - 2000 words”, n.d.)
Retrieved from
(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.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Contract and tort

The Doctrine of Consideration as a Key Determinant in the Law of Contract

The doctrine of consideration is a key determinant in the law of contract.  The application of the principles of consideration operates to transform a mere promise into a legally binding contract.  The underlying rationale for the requirement of consideration in the law of contract is predicated on the theory that each party to a contract will give up something of value in exchange for a benefit.  The evolution and development of the doctrine of consideration over the years have given rise to a number of judicial decisions with the result that many jurists now doubt the necessity of the doctrine of consideration in the law of contract. The impact of the evolving doctrine of consideration is enunciated by Lord Goff i...
13 Pages (3250 words) Term Paper

The UK Contract Laws and Consent of the Contracting Parties

There is no acceptance yet by Betty as far as Andrew’s offer to sell the car is concerned on November 3, before Andrew sold the car to Colin; hence his offer to sell to Betty who was deemed to be accepted on November 5 was not perfected as of November 3 when Andrew made the sale. This answer is based on English law which adopts the theory that “a contract is not formed unless the acceptance corresponds exactly to the terms of the offer.” (Vergne, François, n.d.). Calling the same as "mirror image rule", it argued that “an acceptance which is not in conformity with the offeror's terms is considered as a rejection of the offer” (Vergne, n.d.) citing (Tinn v. Hoffman & Co., 1873). Because of t...
9 Pages (2250 words) Assignment

Law of Contract: Case Law

The contract consists of an actionable promise and promises. Every such promise involves two parties, a promiser and promise and an expression of a common intention and of expectations as to the act or forbearance promised 

It is what a party objectively demonstrates, not what a party may subjectively be thinking. Mutual assent is manifested in an offer, acceptance, and consideration. An offer is an indication by one party, offeror of a willingness to enter into a contract with another party, offered on some specific terms. A valid offer creates a power exclusively in the hands of the offeree such that all that is needed to form a contract is accepted. If one or more of the terms are missing from the offer, a court...
11 Pages (2750 words) Case Study

Legal Systems and Contract Law

The contracts are basically of two types. Sometimes written contracts are required, e.g., when buying a house1. In general, the vast majority of contracts
are made orally, like buying a book at a shop. No doubt, the written form of contract has an edge over oral form, but it doesn’t mean that the oral contracts are not enforceable completely. The same principle applies here in case of a contract made between Colonsay Mountain Equipment Ltd (Colonsay) and Alpine Ski Slopes Ltd (Alpine).
Even though there was an oral agreement made between Colonsay and Alpine for advertising and promoting each other’s sports equipment, Alpine later entered into an agreement with another sports equipment company which is complet...
6 Pages (1500 words) Assignment

The Distinction Between the Tort of Negligence and the Tort of Nuisance

There are many instances in which establishing a claim in private nuisance does not require proof of negligence and it, therefore, remains necessary to maintain the tort of private nuisance distinct from the tort of negligence. The discussion that follows will demonstrate the necessity by comparing and contrasting both torts.
The tort of negligence is founded on the principles enunciated in the House of Lords decision in Donoghue v Stevenson which essentially defines the duty of care and situations in which a breach of that duty will give rise to a claim in negligence. Lord Atkin explained that we are required to take all necessary precautions to prevent injury to our neighbours. He goes on to fully explain the duty of care i...
17 Pages (4250 words) Case Study

Applied Land Law, Contract Law and Tort Law

There seems to be a lack of consideration to accompany the subsequent agreement between the parties for ABC Ltd. to pay the extra ₤10,000. In essence, ‘consideration’ refers to something of value, in a legal sense, flowing from Grabit to ABC Ltd. so as to enable Grabit to hold ABC Ltd. to its promise to pay that extra amount.
Grabit will obviously argue here that they are indeed doing something of value to ABC Ltd by building the extension of the warehouse. However, the problem is that this building of the extension is exactly what Grabit was already contractually bound to do under the ₤200,000 fixed price contract. As seen from Stilk v Myrick1, the general rule is that the performance of an existing contractual d...
11 Pages (2750 words) Assignment

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages (1500 words) Case Study

The Contract of Carriage Issue

English Rail is in the business of transporting passengers through its train system. It is therefore implied that it is capable of carrying out such business with reasonable care and skill. Those engaging in certain businesses that represent themselves as “being prepared to carry out a service, must exercise the skill of reasonably competent members of that trade or profession in providing the service” (Boella & Pannett, p. 228). Maggie slipped on the carriage due to tea spilt on the floor, and as a result injured her ankle and damaged her new coat. English Rail should have immediately cleaned up the spill in order to avoid slippage and injuries to its passengers. This is part of the reasonable care and skill that...
6 Pages (1500 words) Essay

Meaning and Characteristics of Contract

Even as it is almost certainly not viable to give one total and generally correct definition of a contract, the most normally admitted definition is: 'a promise or set of promises which the law will enforce' (Pollock Principles of Contract (13th Edn) 1). The key considerations for the enforcement of a contract against a promisor are economic meaning the economic obligation of gripping the adherence of bargains and moral meaning moral reason that the guarantee was freely given.

According to the present law of contract, claim for money is either for ‘payment of an agreed sum’, or for damages for breach of contract. In the 19th century, these two ideas made the common law to sanction full freedom and purity of...
6 Pages (1500 words) Coursework

Internatioanl Construction Contract Consultants

..., but the contract Administrator CU Architects has vaguely talked about the fact that there could be circumstances for extensions of time for: After giving careful considerations about the points raised by you over the phone on various issues of the project, I wish to bring to your kind attention the following legal provisions under JCT contract provisions. 1. Inclement weather A contractor’s privilege to avail an extension of time due to concurrent delays can be found in (Henery Boot vs Malmaison 1. In this case, Mr. Justice Dyson in 1999 cited an illustration in a work site where standstill of work was caused due to labor shortages, which was not a relevant event especially during phases of extraordinarily inclement weather...
13 Pages (3250 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Contract and tort for FREE!

Contact Us