Unit 1 W300
B: TORT AND CONTRACT
What is a tort
Tort = Civil Wrong
Person who commits a tort = tortfeasor
Claims for tort – made in the civil court
Person who brings action = claimant
Person who is sued in tort actions = defendant (previously plaintiff)
Remedies in Tort
Usually financial compensation
Can seek an injunction prohibiting or restricting a persons tortious conduct.
Important because..
Regulates the way individuals live and co-operate in society.
Tort distinguished from crime
Usually separate
Can be some cross over – e.g burglar commits tort of trespass and the crime.
What is a Contract
Legally binding agreement
Must have -:
- Offer
- Acceptance
- Consideration (unless contract is in the form of a deed)
- is what one party promises to do in return for the other party’s promise
- Contractual intention - The parties must intend their promises to be legally binding
Similarities between tort and contract
- Both civil claims which will be brought in the county court or High Court depending on the value of the claim.
- Claimants in actions for breach of contract and in tort will usually damages as the principal remedy
- The principal functions of the laws are identical – to compensate the claimant for the wrong doing
Differences between tort and contract
- In contract the parties obligations are fixed by the terms of the contract but in tort, on the other hand judge made rules dictate whether the defendant’s wrongdoing constitutes a tort
- In contract there has to be a contractual relationship between a claimant and a defendant before an action for breach of contract can be brought. In tort, the scope of liability is much wider.Obligations in tort are owed to the world at large
- Obligations in contract are voluntarily entered into – obligations in tort are imposed on a defendant.
- The function of damages is different – in tort – puts the claimant in the position he would have been had the tort not been committed, in contract – the
What is a tort
Tort = Civil Wrong
Person who commits a tort = tortfeasor
Claims for tort – made in the civil court
Person who brings action = claimant
Person who is sued in tort actions = defendant (previously plaintiff)
Remedies in Tort
Usually financial compensation
Can seek an injunction prohibiting or restricting a persons tortious conduct.
Important because..
Regulates the way individuals live and co-operate in society.
Tort distinguished from crime
Usually separate
Can be some cross over – e.g burglar commits tort of trespass and the crime.
What is a Contract
Legally binding agreement
Must have -:
- Offer
- Acceptance
- Consideration (unless contract is in the form of a deed)
- is what one party promises to do in return for the other party’s promise
- Contractual intention - The parties must intend their promises to be legally binding
Similarities between tort and contract
- Both civil claims which will be brought in the county court or High Court depending on the value of the claim.
- Claimants in actions for breach of contract and in tort will usually damages as the principal remedy
- The principal functions of the laws are identical – to compensate the claimant for the wrong doing
Differences between tort and contract
- In contract the parties obligations are fixed by the terms of the contract but in tort, on the other hand judge made rules dictate whether the defendant’s wrongdoing constitutes a tort
- In contract there has to be a contractual relationship between a claimant and a defendant before an action for breach of contract can be brought. In tort, the scope of liability is much wider.Obligations in tort are owed to the world at large
- Obligations in contract are voluntarily entered into – obligations in tort are imposed on a defendant.
- The function of damages is different – in tort – puts the claimant in the position he would have been had the tort not been committed, in contract – the