Terms of Reference
This report is about the function of Tort Law and the responsibilities of an employer as an owner of work premises and work when working on a building site as well as legal responsibilities as an employer for his employees and their actions.
The following areas have been researched:
1. General tortuous liability and contractual liability
2. Liability applicable to the owner of premises
3. Vicarious Liability and Health and Safety
4. Strict Liability
The following research methods were used:
Text book: Modern Law of Contract, 5th Edition by Richard Stone
Compare and Contrast Tort Liability and Contractual Liability
General Tortious Liability and Contractual Liability
Contract law and tort law both exist under civil law, policing individual relationships which may arise between businesses, and businesses and individuals.
Contract : In law, a contract is a binding legal agreement that s enforceable in a court of law. A contract is an exchange of promises for the breach of which the law will provide a remedy. (en.wikipedia.org)
Tort: Tort law is a body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations. A person who suffers legal damage may be able to use tort law to receive compensation from someone who is legally responsible, or liable, for those injuries. Generally speaking, tort law defines what constitutes a legal injury and establishes the circumstances under which one person may be held liable for another’s injury. Tort covers intentional acts and accidents (negligence acts). In contrast to criminal law (in which the offence is against the State and the states is the plaintiff), in tort law, the offence is against a person and that person is the plaintiff. (en.wikipedia.org)
The principle of tort is that the law gives various rights to persons, such as the right of a person in possession of land to occupy it without interference or invasions from trespassers. When such a right is infringed the wrongdoer is liable in tort. The law of tort is concerned with a person’s liability to others and applies to both individuals and companies.
There is a duty imposed by law to respect the legal right of others. When a tort is committed the remedy is an action at common law for unliquidated damages, which represent such compensation as the court may see fit for reward. The principles of tort are based on rights, the related duty to respect them and compensation for infringement.
Tort is distinguished from other legal wrongs such as breach of contract.
Where contractual liability is applicable for breach of contract or breach of trust, it must be shown that the defendant was subject to the obligations of a contract or a trust and did not perform or observe those obligations. For tort liability to be applicable there need be no previous transaction or relationship existing: the parties may be complete strangers, but it must be proven that a tort has been committed.
In both tort and contractual liability there will be a civil law case, i.e. plaintiff suing defendant for liability.
Remedies for Contract and Tort
Contract = Damages, Specific Performance, Court Injunction
Tort = Damages
Contract – If the terms of a contract are breached by one party, the other may suffer a loss. Where this occurs there are various remedies which the party suffering from the other’s breach can use. Depending on the breach will depend on the remedy.
Should a party breach a condition of a contract, this allows the other party to the contract to terminate it by...