Contract Law - Contract and tort

What this page is about: An essay on the differences and similarities between obligations in contract and tort. If you're a new law student, you'll probably be asked to explain these at some point so take heed.

The law of obligations is traditionally divided into two categories - contractual obligations, which are thought of as being entered into voluntarily and owed only to the parties contracting; and obligations in tort, which are owed to a larger class of people and thought of as being imposed by law (Beatson {2002} - Ansons Law of Contract). 

A contract is formed where there's an offer, acceptance, consideration and an intention to create legal relations.  The parties' obligations are fixed by the terms of the contract.  An example can be found in Carlill v Carbolic Smoke Ball Co (1893) 1 QB 256. 

To view the rest of this page, you must be logged in. Please log in or register - it's free, it takes less than 30 seconds and your details are safe.

Forgot your password? Lost password

Not yet registered? Register now - it's free and takes less than 30 seconds!

Log in

Your email address:

Your password:

(case sensitive)

Also in this section: