Obligations Law: Contract and Tort Law of United Kingdom

This essay discusses the contract and tort law of United Kingdom under the Obligations Law. It analyzes a case study involving Best Conditioned Ovens and provides legal suggestions. The article also covers the basic elements of contract law and the concept of vicarious liability.

Obligations Law

Table of Contents
Introduction..........................................................................................................................................3
Main Body............................................................................................................................................3
Facts in issue.........................................................................................................................................3
Legal Issues in the case-..................................................................................................................4
Applicability of the Law-................................................................................................................4
Conclusion..........................................................................................................................................10
References...........................................................................................................................................11
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·Introduction
The term obligation law is comprises of two words obligation and law. So, both the words
as a whole means that law that deals with the obligations that are apllicable on an individual. This
law is basically of civil nature. This means that there are several duties and responsibilties that are
imposed on the individuals. These duties and laws are to be abide by ever person residing in the
society. The obligation law mainly contains the tort law and the contract law of the country.
Moreover, in United Kingdom there applies the Sale and Supply of Goods Act (HMSO 1994).So,
every contract is lead by this common law of the country. Moreover, this contract law is basically
based on the English Contract law1. Further more, the obligation law is the branch of private law as
per the rules of the country. So, this law mainly decides on the matters related to the rights and
duties of an individual. Moreover, this law would also explain about the contractual obligations of
the individuals who are involved in that particular contract. This essay will discuss about the
contract law and the tort law of Unite Kingdom. It will also explain about the legal suggestion that
would be given to Pauly by the lawyer.
·Main Body
·Facts in issue
There was a man named Pauly who has contracted to purchase a second hand oven. The
name of the oven is Dough Boy 2000 Pizza . The name of the salesman is Bobo who worked
at the Best Reconditioned Ovens. Moreover, paid in advance to Bobo for the purchase of
the oven. The delivery of the oven is to be made on the next coming tuesday. But, the
delivery is not made on the decided day of next tuesday by the company. Moreover, the
1 'Conflict Of Laws. Remedies: Procedure. Statutory Tort. Action Barred By Limitation
Clause In Statute' (2021) 27 Harvard Law Review

delivery is not even made on the next day of the tuesday. This causes a loss to Pauly of
1450 euro. Further more, when the delivery was made by the worker named Maria, there
was a clash between Maria and Pauly due to the late delivery of oven. Moreover, when
Maria was leaving the shop she slipped from the stairs. This is because the stairs were
not in good condition. After some days, a threating letter came to Pauly regarding the
second hand oven. The fact was that Bobo has falsely purchased the oven from Habib by
convencing him that he is the owner of the Pizza Shack . The cheque that was given by
the Bobo was false. Hence, when the Habib went to present it in the bank, the bank said
it is a case of forgery. Later on, when Habib found the company, he got to know that
Bobo has left the job the previous day. Moreover, the owner of the store told to Habib
that do not know anything about the Bobo nor the sale and purchase of the Dough Boy
2000 oven.
l壱Legal Issues in the case-
1Whether Pauly liable to get compensation for the loss that he suffered due to non delivery of the
second hand oven by the Best Conditioned Ovens?
2Whether Pauly is eligible for the medical charges he has suffered due to the misbehaviour of the
Maria who was the worker of the Best Conditioned Ovens?
3Whether the owner of Best Conditioned Ovens liable for the wrongful acts done by the Bobo?
4Whether the Habib is eligible to sue Pauly for the forgery dono by the Bobo?
These legal issues are discussed in detail below along with the relevant case laws and the
statutes that are available under the law of the country.

l壱Applicability of the Law-
This case study mainly discusses about the two eligible laws that are applicable in the
present case study. These two laws are the contract law and the tort law of the country.The contracts
that are framed in the country is ruled by the common law of Unite KIngdom. This law explains
about the procedures that must be followed while contracting with some persom as per the case.
Moreover, there are certain contractual obligations atht must be followed by the parties who is
liable to do so2. In the absence of complying with these obligations, the party to the contract have to
pay the monetary damages to the other party that has suffered such loss due to non fulfillment of
the other party obligation. Moreover, it is the legal duty of the parties of the contract to comply
with the promises that are specified under the contract that was signed by both the parties of the
contract. The obligations restrains the freedom of an individual to do anything they want to do. But,
in order to enjoy rights , there must be some duties and obligations that has to be complied by each
and every individual who is residing in this society.
The contract law mainly derived from the English Contract law. So, the basic provisions of
the english law is also applicable to the contract law of UK. The main elements of the contract law
includes the four main elements. These four main elements are the offer and acceptance, minimum
two competant parties to contract, consideration and an agreement. The first main element is offer
and an acceptance. This means that one party must offer something to the other party for
contracting. Moreover, the other party must understand the conditions of the offer in the same
manner as offered by the offer or of the contract. Moreover, if the offeree agrees to the conditions
of the contract, then it is called as the acceptance as per the contract law of the coun try in the eyes
of the law. Moreover, there must be some consideration involved in any contract. The consideration
can be in monetary or in kind form. The third element is the capacity to contract. This would mean
that both the party must fulfill the minimum legal eligibility for contracting as per the law of the
2 'Contracts. Consideration. Moral Obligation' (2022) 1 Virginia Law Review

country. This could also be understood that no contract can be made with minor for paying some
amount to the other party. This would mean that the minor can contract which benefits him and not
the under the obligation to pay anything to the other party of the contract3. It would also include
that no contract can be made with the mentally disabled person as he has no capability to
understand the seriousness of thre contract. Moreover, the contract law provides for the capacity to
contract. Moreover, the offer can be withdrawn at any time before it is accepted by the other party
to the contract. The contract law also provides that merely the silence cannot constitutes as an
acceptance under the contract law of the country.
The law aslo provides for the provisions related to the online offers and the acceptances
given by the parties in the contract law. Moreover, in the absence of the consideration, there could
not be the formation of the contract. This would only result into the creation of the gift as per the
law of the country4. The tort is a type of civil wrong that is done by the one party to the contract.
This means that in case of tort if one party breaches its duty , then it would result into the
infringment of rights of the other party. For instance, if any person is committing the act of tres
passing, then it infringes the civil right of the owner of the property. This right is also the private
and personal right as per the law of the country. There is also the concept of vicarious liability 5. The
term vicarious liability means the liability of the master for the acts done by his servant. There are
3 'Specific Performance Of Contract: Contract Unenforcible' (2021) 16 Michigan Law Review
4 'The General Principles Of Obligation [Law]' (2022) 18 Chinese Law & Government
5 ACO C, 'Vicarious Liability' (2021) 73 Canadian Journal of Optometry

also various remedies as provided by the contract law for the breach of the law. These remedies for
the breach of the contract would include the mitigation, injunction, etc6.
Legal issues-
1Whether Pauly liable to get compensation for the loss that he suffered due to non delivery of the
second hand oven by the Best Conditioned Ovens?
In the present scenerio, it can be seen that there exists a contract between Pauly and the
comapny Best Conditioned Oven. This is because it has fulfilled all the basic essentials of a valid
contract. The first condition of offer and acceptance is completed when Bobo has offered the oven
and when such offer of sale is accepted by the Pauly. The acceptance has taken place in this case.
Next there alo exists the consideration in this case. The consideration is the amount that Pauly paid
in advance to Bobo for the oven he is purchasing. Nextly, there also exists the capacity to contract.
This is because both the parties of the case are legally eligible to contract. So, all the major and
basic conditions of the contract are fulfilled by both the parties of the case. Hence, there exists avlid
legal contract between the parties.
This valid contract gives the right to charge for monetary damages for the breach of the contract.
Therefore, the Pauly is liable to get compensation as under the law of the country. The money of
the compensation is charged against the Good Conditioned Ovens company. This is due to the
concept of vicarious liabilty as per the rules of the law of the country. Moreover, the owner of the
company is liable for the acts done by the employees of its company.
22. Whether Pauly is eligible for the medical charges he has suffered due to the misbehaviour of the
Maria who was the worker of the Best Conditioned Ovens?
6 Bingham L, 'The Uses Of Tort' (2019) 1 Journal of European Tort Law

The Pauly here in this condition also liable for the compensation related to the damages he
has suffered for his medical conditions. These damages would be charged against the company.
This is because Maria is the employee of the company and she is also liable for the acts done by
her. But, as she is the worker of the company, hence her acts would be the acts done by the
company against the Pauly. So, the Pauly is totally eligible for the medical charges compensation.
This is happened due to the concept of the vicarious liablity7.
Moreover, Maria must also not behave in such a manner she behaved with Pauly. This is
because the anger of Pauly is natural as he has suffered a huge loss due to the breach of the contract
by the company8. Moreover, the way Maria behaved was not ethically correct. This is because the
nature and the behaviour of the Maria was against his proffestional duties. Furthermore, she has
also breach her legal proffessional duty to behave in a certain postive manner. Hence, Pauly can
claim for the medical damages in the civil courts of the country. There also exist the remedies under
the tort law. This is because the act of the Maria also comes under the compensation for the tort
under the law of the country.
33. Whether the owner of Best Conditioned Ovens liable for the wrongful acts done by the Bobo?
The owner of the Best Conditioned Ovens is totally liable for the wrongful acts that are
committed by its employees in the name of his company. This is because both the Marie and the
Bobo has done the wrong acts. The act of Marie was also against the ethical behaviour of the
employee. Moreover, the owner is liable because of the existence of the concept of the vicarious
liabilty by the law of the state. This would mean that the Bobo has contracted with the Pauly only
7 G. J. M., 'Tort—Waiver Of Tort—Alternative Remedies In Contract And Tort—Action On
Contract Or Quasi—Contract Against One Defendant Discontinued—Subsequent Action In Tort
Against Another Defendant Held Maintainable' (2020) 7 The Cambridge Law Journal
8 Gittings G, 'Highway Elements Associated With Tort Liability Actions' (2021) 117 Journal
of Transportation Engineering

with the name of the company. Moreover, if the Bobo would not be the salesman of the company,
then Pauly would not have done contract with him. Further more, the claimant has only contracted
with the company and not with Bobo personally.
Therefore, the acts of the employes are liable for the compensation that is to be given by the
owner of the company. This is because all the acts were happening only under the name of the
company. Hence, the company is held liable for the forged acts done by the employees of the
company. Moreover, the Pauly can also seek justice from the ADR of the country in order to get
timely justice in the present case9.
44. Whether the Habib is eligible to sue Pauly for the forgery dono by the Bobo?
5 In the present case scenerio, it can be seen that the Habib is fully eligible to sue the Bobo for
his wrong ful acts. This is because Bobo has illegally misrepresented the company to the Habib.
There is the existence of the hiding of the material information from the other party. Infact, the
Bobo has lied to the Habib that he belongs to that particular company which he originally does not
belong. So, this is the basic imformation that must not be hidden from the Habib. This is because
by not showing this material information to habib, he might have changed his decision of not
purchasing the same product from Bob10. Moreover, there are also the defences to the breach of the
contract. These defences includes the frustration, mistake, misrepresentation, undue influence,
unconciousness of the mind, etc. The defence here can be taken is the misrepresentation. This is
because this is totally the case of the misreprentation that was done by the Bobo. Hence, the Pauly
9 Marshall H, 'The Law Of Contract In Malaysia And Singapore. By Visu Sinnadurai. [Kuala
Lumpur: Oxford University Press. 1979. Lxix And 764 Pp. £21.50.]' (2021) 30 International and
Comparative Law Quarterly
10 Stace V, 'Directors' Liability In Negligence – Challenging The "Elements Of The Tort"
Approach' (2020) 47 Victoria University of Wellington Law Review

can seek to the civil courts of the country in order to sue the Bobo. In addition to this, the Habib
can also have the right to sue the Best Conditioned Ovens. This is because of the vicarious liability.
6 The Habib can also seek to the civil courts of the country in order to sue the company and the
Bobo. Moreover, there must be no liability on Pauly for the forgery as declared by the bank when
the cheque is given to them. Further more, the solicitors of the Habib cannot sue the Pauly as he has
done no illegal acts11.
·Conclusion
1 The above report concludes about the tort law and the contract law of the country. It has also
explained about the rights of the Pauly as under the law of the country. This report mainly
summarises about the advise given to Pauly under this case study. Moreover, it also explains about
the breach of the contracts and the remedies available there to the parties of the contract. It also
summarises about the vicarious liability of the master as per the law.
·
11 Suharti T, 'STRICT LIABILITY, VICARIOUS LIABILITY, DAN KEJAHATA EKONOMI'
(2020) 4 Perspektif

·References
Books and Journals
'Conflict Of Laws. Remedies: Procedure. Statutory Tort. Action Barred By Limitation Clause In
Statute' (2021) 27 Harvard Law Review
'Contracts. Consideration. Moral Obligation' (2022) 1 Virginia Law Review
'Specific Performance Of Contract: Contract Unenforcible' (2021) 16 Michigan Law Review
'The General Principles Of Obligation [Law]' (2022) 18 Chinese Law & Government
ACO C, 'Vicarious Liability' (2021) 73 Canadian Journal of Optometry
Bingham L, 'The Uses Of Tort' (2019) 1 Journal of European Tort Law
G. J. M., 'Tort—Waiver Of Tort—Alternative Remedies In Contract And Tort—Action On Contract
Or Quasi—Contract Against One Defendant Discontinued—Subsequent Action In Tort
Against Another Defendant Held Maintainable' (2020) 7 The Cambridge Law Journal
Suharti T, 'STRICT LIABILITY, VICARIOUS LIABILITY, DAN KEJAHATAN EKONOMI'
(2020) 4 Perspektif
Stace V, 'Directors' Liability In Negligence – Challenging The "Elements Of The Tort" Approach'
(2020) 47 Victoria University of Wellington Law Review
Gittings G, 'Highway Elements Associated With Tort Liability Actions' (2021) 117 Journal of
Transportation Engineering