Contrast liability in tort with contractual liability TORT LAW : A tort is a legal term describing a violation where one person causes damage, injury, or harm to another person. The violation may result from intentional actions, a breach of duty as in negligence, or due to a violation of statutes. The party that commits the tort is called the tortfeasor. A tortfeasor incurs tort liability, meaning that they will have to reimburse the victim for the harm that they caused them. In other words, the tortfeasor who is found to be “liable” or responsible for a person’s injuries will likely be required to pay damages.
In other words, there must be a gain of unfair advantage and/or a relationship that is abused by the one party who is dominating the other, innocent, weaker party. Moreover, the doctrine of duress requires the intentional use of force, or threats by one party in order to coerce the other party to enter into a contract with him. But in undue influence, the use of force, or the threatening of the use of force is not required. The more significant element under the concept of undue influence is that there must be pressure exerted on the other party and/or a well-established relationship between the parties to a contract and that relationship had been abused by one dominating party to force the weaker party to enter into an agreement. Overall, the doctrine of undue influence can only be applied when there is pressure exerted by one party, who has a relationship with the other, weaker party, and has been abusing the said relationship through the said pressure to
Private interests- they are to be protected by law and are the individual’s interests of personality. These include his physical integrity, reputation, freedom of volition and freedom of conscience. 2. Public interests- they are claims or demands or desires asserted by individuals involved in or looked at a standpoint of political life. They are of two kinds: interests of a state as a jurist person and interests of the state as a guardian of social interests.
The party incorporating a term expressly adds a term to the contract, and has to let the other party know of the term that he has added. Such terms have to be unambiguous when being incorporated into a contract. Implied terms: Some terms are added into a contract by virtue of implication. The terms which the parties do not themselves add to the contract but are added indirectly to the contract are implied terms. Terms can be implied into a contract by either common law or statute.
Question 1 Duty of care is defined as “the legal duty to take reasonable care to prevent causing harm or injury.” There will be a breach of a duty of care owed to the claimant if there is an act or omission that causes the harm or injury. The neighbour principle is where a person can reasonably foresee that his or her actions may cause physical damage to another person or property of others, thus there is a duty to take reasonable care in most situations (Law & Martin (ed.) 2013, p. 187). Lord Atkin developed the neighbour principle in the famous case of Donoghue v Stevenson  AC 562, also known as the Snail in the Bottle case, to determine when a duty of care might arise. The existence and extent of the duty of care will depend on the
“Estoppel is a mechanism for enforcing consistency; when I have said or done something that leads you to believe in a particular state of affairs, I may be obliged to stand by what I have said or done, even though I am not contractually bound to do so.” – E Cooke An estoppel is simply a method developed by the courts, which could prevent or estop a party from performing in a particular way when the other has relied upon the facts that were represented to him. There are several types of estoppel like proprietary estoppel, estoppel by representation of fact. However, in this essay our focus is on the promissory estoppel as it relates to the Law of Contract. The courts initially created the doctrine of promissory estoppel in order to avoid the negative effect caused by the promisor’s unconscionable inducement of the promisee’s reliance. But, this doctrine has recently become one of an alternative solution to enforce a promise if there were no consideration.
Introduction Negligent misstatement is breach of duty of care between the professionals and their clients. It relates to a representation of fact which carelessly made and relied by another party which cause them in disadvantageous circumstance. The duty of care is a common law arrangement where the client expects a professional level which held by those in the profession. Negligent misstatement made by a professional is possible to cause economic loss to his/her clients. This is provided however that a special relationship or a sufficient proximity exists between the parties (“Negligent Misstatement – Law”, n.d.).
According to Mr. Pram 's notes, negligence is the breach of a legal obligation to care that results in unwanted harm by the defendant before the plaintiff. 2. Professional negligence According to Mr. Pram 's notes, professional negligence can only be incurred when there
This may be included in the length of the contract terms or may be a collateral contract to this effect. (Gentleman’s agreement). On this basis, the arbitrator can depart from the general rule. The foundation of arbitration is mutual consent and agreement of the parties. Unless there is an agreement contrary , the tribunal is obliged to adopt the principle that cost follows the event.
Question 1 Duty of care can be defined as ‘the lawful duty to prevent causing any harm or injury by taking reasonable care.’ There will be a breach of duty of care owed towards the claimant if there is an act or omission that causes the harm or injury. The neighbour principle is where an individual able to reasonably foresee that his or her actions might cause physical harm or injury to another individual or property of others, thus there will be a duty to take reasonable care in most circumstances (Law & Martin (ed.) 2013, p. 187). In the well-known case of Donoghue v Stevenson  AC 562, Lord Atkin developed a principle known as the ‘neighbour principle’ to determine when duty of care might arise. The extent to which a duty of care exists will be subject to the relationship between the parties as well as the different circumstances of the case (Law & Martin (ed.)