AECL002 - FNSTPB505
Apply legal principles in property law
Re-Assessment 1
Question One
What are the major differences between contract law, tort law and criminal law?
Please use your own words and type your answer below
Law of contract vs. Law of torts Vs. Law of crime:
1. Law of contract protects right in personam, that is right against a particular
individual.
Law of Tort protects right in rem, that is the right against the whole word.
Law of crime is also right in rem.
2. In contract damages are liquidated.
In tort damages are unliquidated1.
In cases of law of crime both imprisonment and pecuniary penalties are available
varying upon case to case2.
3. For the valid execution of a contract, free consent of the parties is a necessary
factor.
On the other hand, to attract tortious liability, a person must have to breach the
right of any person against their consent.
In criminal law, consent must not be obtained by deception or to breach the
peace.3
4. In Law of contract, a contract made by a minor is voidable or void-ab-initio4.
A minor can only avoid a contractual liability until he or she reaches the age of
majority.
In law of tort, a child under the age of 7 cannot be held liable for tortious
misconduct5.
In Criminal law, a child can be held responsible from the age of 14. An
adolescent can only be held liable if he or she is has the maturity to understand
the consequence of his or her actions6.
1 Burrows, A.S., 2018. Contract, Tort and Restitution—A Satisfactory Division or Not In Restitution (pp. 3-53).
Routledge.
2 Fox, R.G. and Deltondo, N., 2019. Victorian criminal procedure: state and federal law. Federation Press.
3 R v Coney (1882) 8 QBD 534
4 Mohori Bibee V/S Dharmodas Ghose - Ilr (1903) 30 Cal 539 (Pc)
5 Jansen, R.M. and Neethling, J., 2017. Delictual Capacity and (Contributory) Negligence of
Minors. Journal of Contemporary Roman-Dutch Law, 80, pp.474-482.
6 Shashkova, A.V., 2017. Pro et contra criminalization of corporate liability in the Russian
Federation. Kutafin University Law Review, 4(2), pp.544-554.

AECL002 - FNSTPB505 Apply legal principles in Property Law

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