Contract law versus tort law
Contract law is guidelines that represent contractual agreement between persons or dealers. An agreement is essentially an understanding between parties outlining their responsibility to each other. Contracts can be formed for any sort of collaboration. In this way, contract laws may address different transaction for the sale of good and services. Contract laws outline what a person can or cannot include in an agreement, and what the remedies are if a party breaks their contractual duties.
In contrast, tort law governs circumstances where one person has hurt or harmed someone else. Tort laws cover violation where the party purposefully hurt the other person, for example, in a battery claim. Tort laws also address
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What we are concerned with at this point is negligence as the state of mind which is one element of the tort .In this sense it usually signifies inadvertence by the defendants to the consequences of his behavior, simple example being the motorist who daydreams, the solicitor who forgets about the approach of the limitation period or the doctor who forgets about the approach of the limitation period or the doctors who forgets that the patient is allergic to a treatment. It may be that the word should only be used in this sense but for the purpose of the tort of negligence a defendant clearly cannot escape liability because he adverted to the risk if the case is one where even inadvertence would saddle him with …show more content…
KEY ASPECTS OF THE LAW OF CONTRACT
Contract – the relationship between the parties
An agreement is a lawfully fixed agreement formed by the common consent of the parties. The parties may be known one another, as with a customer and an auditor, or they may be outsiders, as with a software organization and a person who downloads and install the software. In either case, there is an unmistakable relationship between the parties and this relationship is both formed and ruled by the contract.
Contract – the nature of the obligation
In a contractual relationship, the nature of the obligation is determined by the terms of the agreement. By going into the agreement, the parties approval to acknowledge the result of obligation. This shouldn't suggest that that there is complete freedom of agreement, since certain contractual terms may be limited by statute.
Contract – causation and remoteness of damage
This issue concerns the extent of the defendant’s liability for the chain of events set in motion by the breach of contract.
Contract – the measure of