Breach of contract free essay sample

Can be some cross over – e.g burglar commits tort of trespass and the crime. What is a Contract Legally binding agreement Must have -: -Offer -Acceptance -Consideration (unless contract is in the form of a deed) -is what one party promises to do in return for the other party’s promise -Contractual intention -The parties must intend their promises to be legally binding Similarities between tort and contract -Both civil claims which will be brought in the county court or High Court depending on the value of the claim. -Claimants in actions for breach of contract and in tort will usually damages as the principal remedy -The principal functions of the laws are identical – to compensate the claimant for the wrong doing Differences between tort and contract -In contract the parties obligations are fixed by the terms of the contract but in tort, on the other hand judge made rules dictate whether the defendant’s wrongdoing constitutes a tort -In contract there has to be a contractual relationship between a claimant and a defendant before an action  for breach of contract can be brought. We will write a custom essay sample on Breach of contract or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In tort, the scope of liability is much wider.Obligations in tort are owed to the world at large -Obligations in contract are voluntarily entered into – obligations in tort are imposed on a defendant. -The function of damages is different – in tort – puts the claimant in the position he would have been had the tort not been committed, in contract – the position he would have been in had the contract been performed. Potential Claims in tort and contract -Can be done – but will only be awarded damages once. C: FUNCTIONS OF THE LAWS OF CONTRACT AND TORT CONTRACT Compensation Deterrence Consumer Protection Provides a framework in which businesses operate TORT Remedies – damages and/or injunction Compensation Deterrence Justice Vindication of Rights D: RESTITUTION Restitutionary remedies do not focus on providing compensation for the loss suffered – the purpose is to reverse an unjust enrichment made by the defendant at the claimant’s expense. E: BURDEN AND STANDARD OF PROOF The burden of proof lies with the claimant The burden of defence lies with the defendant Standards of proof = balance of probabilities