Tort and Contract Law Notes

Introduction to Tort and Contract Law

Reading and Preparation

  • Unit Leader: Dr. Lawrence Emeka Modeme (L.Modeme@mmu.ac.uk, Office: SB 4.09)

  • Reading materials:

    • Modeme, Lawrence, Modern Business Law: English Legal System and Obligations (http://bookboon.com/en/english-legal-system-and-obligations-ebook)

    • Ewan Macintyre, Business Law (9th edition, 2018)

    • 2022/23 Tort and Contract Law Study Guide

    • Lecture handouts/texts/materials before and after the lectures.

    • Workshop materials and preparation as instructed

Law of Obligations

  • Two main areas:

    • Tort

    • Contract

Tort Law

What is Tort?

  • A civil wrong (other than pure breach of contract, human rights, or trust).

  • The victim may be awarded a civil remedy, often in the form of damages and injunctions.

  • Arises from breach of obligations imposed by law, rather than those willingly undertaken by people.

  • Derived from the Latin word “tortus” or “torquere”, meaning twisted, to twist, or bent.

  • Developed from, and relies mostly on, decided cases, but supplemented by statutes.

  • Protects different human interests and rights.

Types of Tort

  • Intentional Torts, e.g.:

    • Trespass to person or property

    • Malicious Prosecution

    • Economic Torts

  • Negligent Torts. E.g.:

    • Negligence

    • Occupiers’ Liability

  • Strict Liability Torts, e.g.:

    • Public and Private Nuisance

    • Rylands v Fletcher

    • Defamation

Examples of Tort

  • Crane collapse - Negligence

  • Air pollution - Nuisance

  • Nuclear accident - Negligence/Nuisance/Rule in Rylands v Fletcher

  • Unwanted touching - Trespass-battery

  • Falling in someone's premises - Negligence/Occupier's Liability

  • Injury to reputation - defamation

  • Bitten by someone's dog - Battery/Liability for animals

  • Dangerous sports tackles - Trespass/Negligence

  • Unlawful arrest/detention - Malicious Prosecution

  • Unlawful entry into private property - Trespass

  • Water damage from burst dam - Nuisance/Rule in Rylands v Fletcher/Negligence

  • Noisy neighbors - Nuisance

Aims of Tort Law

  • To provide redress for wrongdoing in the form of damages and injunction.

  • To prevent wrongful conducts that infringe on protected rights and liberties of others.

  • To deter/discourage wrongful behaviors.

  • To promote harmonious co-existence in the society by regulating civil behavior.

  • To allocate losses among competing interests.

  • To vindicate rights of claimants.

Negligence

  • One of the principal torts.

Who May Be Liable in Tort?

  • Primary liability: Attaches to the person who directly committed the wrongdoing.

  • Accessorial liability: Attaches to a person for procuring another to commit a wrongdoing, such as breach of contract.

  • Vicarious liability: Attaches to somebody as a result of the wrongdoing of another.

Contract Law

What is Contract?

  • An agreement between two or more people enforceable by law.

  • A contract is an agreement + legal enforceability

  • Only parties to a contractual agreement are bound by it, and only them could be sued under it (Privity of contract).

  • Contract law is part of civil law, private and Common Law.

Exceptions to Privity

  • Statutory provisions

  • Trust relationships

  • Agency

  • Assignments

  • Restrictive covenants

  • Collateral contracts

  • Guarantees

Aims of Contract Law

  • To provide remedies for breach of contract in form of damages

  • To provide a legal framework for agreements

  • To help maintain sanctity of mutually agreed obligations

Assessment

Coursework

  • 2 questions:

    • Two problem questions - one in Contract, one in Tort

    • Attempt all questions

Answering the Questions

  • Refer to instructions in Study Guide on answering law questions:

    • knowledge-type

    • Problem questions

  • We will practice answering questions in the workshops

  • Some past exam questions will be on Moodle for your practice

Further Reading

  • Modeme, Lawrence, Modern Business Law: English Legal System and Obligations, http://bookboon.com/en/english-legal-system-and-obligations-ebook, Chapters. 5.3; 10.1

  • Ewan Macintyre, Business Law (9th edition, 2018), Intro. to chapters 3 and 12.