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What are the main differences between contract and tort - Essay Example

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In attempting to draw a comparative analysis between a contract and tort law, it is imperative to begin by highlighting the definitions of the two terms so as to gain a clear understanding of the difference between them. Different cases will also be cited to amply demonstrate…
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What are the main differences between contract and tort
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Download file to see previous pages A contract can be in verbal or written form but the most important thing is that there would be an agreement especially between two parties. On the other hand, a tort law can be described as a civil wrong not arising from a contract and in the case of negligence, one should owe due consideration to one’s neighbour (Capiro Industries vs. Dickman 1990).
According to the European labour laws, both the worker and the employee are bound by certain statutory regulations that would ensure that no party will breach the agreed contract. With regards to employment contracts, there ought to be written agreement which binds the two parties to honour their contractual obligations which can be enforceable in the court of law should one party defaults. Thus, as noted, a contract can be loosely defined as an agreement between two parties and these can be individuals or even organisations. One peculiar aspect of a contract is that one party offers to do
In a contract, there is an agreement of offer and acceptance between two parties concerned and should any party defaults, then it is called breach of contract. It is against this background that the court of law intervenes to ensure that justice prevails so as to avoid unfavorable gain by another party on behalf of the other. Basically, the court would come in so as to protect the interests of the consumer or the second party especially in the case where there is bargaining of powers. Consumers in most cases are not choosers of the terms by which they would be bound in a contract hence the intervention of the courts.
Thus, it can be noted that contracts are especially concerned with the enforcement of bargains. This is aptly shown in the case of Williams v Roffey Bros & Nicholls Contractors Ltd [1990] 1 All ER 512. Whilst Williams has been subcontracted and a payment of 20 000 pounds promised to be paid in installments, the contract was however silent on the period and ...Download file to see next pagesRead More
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