The law of contract

A contract is a legally binding agreement made between two or more parties, by which rights are acquired by one or more to acts or forebearances on the part of the other or others. The agreement referred to in the definition means a meeting of minds, called in law consensus ad idem, signifying that the parties are agreed together about the same thing.

Essentials of a valid contract

An agreement will be enforced when the following essential elements exist:

(a) Offer and Acceptance. There must be an offer by one party and an acceptance of it by the other.

(b) Intention to create legal relations.

(c)Capacity of the parties. Each party must have the legal capacity to make the contract.

(d) Consent must be genuine. The consent must not be obtained by fraud, or duress (such as death threats if the contract is not entered into)

(e) Consideration must be present (except in contracts under seal, i.e. by deed).

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The law of torts

The word ‘tort’ derives from the Latin tortus, meaning crooked or twisted. In English law we use the word tort to denote certain civil wrongs as distinct from criminal wrongs.

The nature of a tort

First, we must examine the distinctions between (a) a tort and a crime, (b) a tort and a breach of contract, and

A crime: The object of criminal proceedings is primarily punishment. The object of proceedings in tort is not punishment, but compensation or reparation to the plaintiff for the loss or injury caused by the defendant, i.e. damages. Thus, if A steals B’s coat, there is (i) a crime of theft, and (ii) trespass to goods (a tort) and conversion (also a tort). If X assaults Y, there is both a crime and a tort

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