Tort Law and Contract Law Assignment
Added on 2020-03-23
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IntroductionOne major classification of law is private Laws. These laws deal with people’s rights and obligations. The most common areas of these laws are the tort law and the contract law. The law of contract deals with enforcement of contracts formed by the parties. On the other hand, Tort law allows a party to recover the damages suffered from the wrong actions of the other party. This paper will be illustration the application of both laws using two case scenarios. Scenario 1:Question (a): Advise Johnny, whether the contract exists.Issue as to Elements of a contractThe determination whether there was a contract or not is a matter of testing the elements of a contract. For the law of contract to enforce a contract between the parties, the three major elements must be present. One of these is an offer. The law requires all contracts to start with oneparty proposing a deal1. The rules of an offer are that it must come from the offeror who is the party proposing it. Then it must be communicated to the other party referred to as the offeree. The party which the offeror expects to make a deal with. Also, there must be free will while making this offer. Another element of a contract is the acceptance. The basic rule is that once the other party receives an offer, the law expects that party to respond to it through accepting to make a contract.2 Similarly, an acceptance must come from the offeree, must be communicated to the offeree, and it must be out of free will. The third element that must be present is a consideration. There must be a bargain that will end up with parties exchanging something of value. The other 1 Sarah Riches, Vida Allen and Denis J Keenan, Keenan And Riches' Business Law (Pearson/Longman, 9th ed, 2009).2 Richard A Mann, Barry S Roberts and Len Young Smith, Smith & Roberson's Business Law (South-Western CengageLearning, 15th ed, 2012).
term is the intention to create a legal bond. This rule dictates that parties should be initially intending to make a binding agreement. Courts usually analyze the available evidence to decide whether there was an intention to create a legal relation.3 Other elements are the capacity of the parties to contract, the legality of the agreement, consent of the parties, and some contracts may require being in writing.4Therefore, in determining whether a contract existed between Johnny and Marie, the court will examine this agreement against these elements. But since all these elements are available, then there was an enforceable agreement. Question (b): Was there a mistake? If yes, what kind of mistake?Issue as to mistakes in a contractThe mistake arose when Steven mistakenly asked one of the office staff to send ‘Quotation A’ to Marie who was their potential customer. Unfortunately, Marie, accepted the mistaken quotation creating a binding agreement. There are three types of contractual mistakes. The first mistake is known as the common mistake. This mistake arises when both parties commit the same error5. There are three categories. The Res extincta mistake happens when parties form the contract believing that the subject matter exist when it does not exist.6 Another common mistake can arise through Res sua when party contracts for goods that he actually owns.7 The second class of mistake is called a mutual mistake. This one happens when parties have two distinct understanding of the facts. The court usually employs an objective test to determine to see whether it can save the contract. The last mistake is called a unilateral mistake. 3 Prince Saprai, "Balfour V Balfour And The Separation Of Contract And Promise" (2017) 37(3) Legal Studies.4 Roger .L Miller, Cengage Advantage Books: Business Law Today, The Essentials: Text And Summarized Cases(Cengage Learning, 11th ed, 2016).5 Richard Stone, Text, Cases And Materials On Contract Law (Routledge, 2nd ed, 2014).6 Janet O'Sullivan and Jonathan Hilliard, "The Law Of Contract."7 Terence Etherton, "Contract Formation And The Fog Of Rectification" (2015) 68(1) Current Legal Problems.
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