Aspect of contarct Assignment Example | Topics and Well Written Essays - 2500 words

Aspect of contarct - Assignment Example xlvii). Initially there had been no differentiation between these branches of the law. At present, crime and tortious liability are intimately connected. These branches of the law address the wrongs done to people and property. Proceeding in contract or tort could arise from the same incident (Hodgson & Lewthwaite, 2007, p. xlviii). The law of tort is inapplicable to a civil injury that is merely a breach of trust or other equitable obligation. Nevertheless, injunctions and other equitable remedies could be available in tort. With regard to tort, the remedial duty emerges from some form of a primary duty (Hodgson & Lewthwaite, 2007, p. xlviii). There is considerable controversy regarding a certain aspect of bailment. Specifically it is contended by some that bailment is a component of the law of personal property, while others argue that it belongs to the law of tort. It has been suggested by Winfield that an action in bailment is similar to an action in contract if it ensues from a contract, and that it pertains to an action in tort in all other cases (Hodgson & Lewthwaite, 2007, p. xlix). The association between damages in tort and compensation through other mechanisms is intricate. Some instances of these other systems are; Income Support, occupational sick pay and pensions, private insurance, and compensation related to criminal injuries (Hodgson & Lewthwaite, 2007, p. xlix). ... 339). Some of the differences between tort and contract are; first, tortious duties are imposed by the law, whereas contractual duties result from agreements between the parties. Second, contractual duties are owed solely to those who are a party to the contract; whilst tortious duties are owed to persons, in general (Halsbury's Laws of Australia, 2008). Third, usually the right to sue in tort cannot be assigned. However, a cause of action in contract can be assigned. Fifth, there is a marked difference between tort and contract with regard to calculation of damages, variety of damages available, purpose of the award of damages, test of remoteness, extent of foreseeability, liability with regard to minors and bankrupt entities, and the commencement of the limitation period (Halsbury's Laws of Australia, 2008). Question Two Tortious Negligence. Several civil wrongs are covered by the law of torts, wherein a remedy, could be awarded by a civil court to the injured person. In general, s uccess in tortious claims requires the claimant to establish that the damage was the result of the tortious omission or act. The law provides a number of defences to an action in tort. A few of these are classified as general defences, as they apply throughout the law of torts. The other defences have been termed as specific defences, due to the fact that they can be employed only with respect to a particular tort (Jones, 2011, p. 339). One of the major torts is that of negligence, on account of the fact that it encompasses a vast array of situations, wherein harm is caused to a person by another. An action for negligence requires the following elements to be established by the claimant, if it is to succeed. These are; first, the