Only on StudentShare

Extract of sample

Similarly, if Paul refuses to pay against the same, he is also liable to be breaching the obligations of the agreement between the two. Furthermore, supplying sub-standard material and making unnecessary delays also comes under the description of breach of the contract.
When a party repudiating its promise before time for performance arrives; for instance, Angelina announces to marry John the next year. However, she renounces the same before the beginning of the next year. It is breach of contract on the part of Angelina, and John can claim damages for the same. Hence, obligations of contract bind the parties to fulfil the responsibilities of their part, non-compliance of which creates liabilities on them. Section 37 of the Act discusses the liability of the parties in these words: “The parties to a contract must either perform or offer to perform their respective promises, unless such performance is dispensed with or excused under the provisions of this Act, or any other law.”3
Illustration: A offers B his services for fixing air-condition system at his office, and B accepts the offer against the consideration of worth £ 5000. However, the system collapses after two days of its fixing causing a short circuit in the office and loss of £ 20,000. Since A had not examined his system properly, he has committed liability negligence on his part.
On the other hand, tort of negligence appears at the moment when individual rights of one or more persons are violated. “A tort is a civil wrong for which a remedy, usually compensation, is available to the wronged person in the civil courts.”4 Hence, tort actually serves as a civil wrong, which affects the private legal rights. “Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing ...Show more


Hence, the above-mentioned conditions make a lawful contract between the parties, and violation of the terms of a valid contract comes under the definition of breach of contract. Breach of contract simply refers to the breaking of the obligations of the contract. Breach of…
Author : chaseroberts
Save Your Time for More Important Things
Let us write a custom essay on your topic
with a personal 20% discount.
Find out more

Related Essays

Aspects of Contract and Negligence
This will ensure that she makes a sound decision by getting into an agreement that safeguards her interests. Business agreements can either be bilateral, unilateral and standard. This paper will explore each type of agreement and discuss the best contract for Katie.
9 pages (2250 words) Essay
Aspects of Contract and Negligence
In criminal cases, the standard of proof is guilt beyond reasonable doubt. In civil cases, standard of proof rests on the balance of probabilities, that is, the defendant was probably liable that not liable. The burden of proof in criminal cases falls on the claimant (FindLaw 2012, p1).
9 pages (2250 words) Essay
ariously Liable 10 Conclusion 11 Task 4 (LO4) 12 4.1 Apply the Elements of the Tort of Negligence and Defences in Different Business Situations 12 4.2 Apply the Elements of Vicarious Liability In Given Business Situation 13 Conclusion 13 References 14 Bibliography 17 Task 1 (LO1) 1.1 Explain the Importance of the Essential Elements Required For the Formation of a Valid Contract In order to form a valid contract, there are five basic elements that determine high importance.
10 pages (2500 words) Essay
Aspects of Contract and Negligence for Business
Offer: This is the initial stage of contract formation or bidding, which forms the base of the actual contract. Through this the service provider offers a service to the bidder. Without this
6 pages (1500 words) Assignment
Aspects of Contract and Negligence for Business
In Dickinson v. Dodds (1976), it was held that the offeror can withdraw an offer even when it is declared open for a certain period because he
5 pages (1250 words) Essay
Aspects of Contract and Negligence for Business 2
Negligence in business takes place when the contracts signed among the parties involved are breeched. Such cases are dealt with by tort law. Tort liability is an obligation that is considered legal of a party directed to a victim due to
11 pages (2750 words) Essay
In this case the two individuals undertaking the contract should have a legal capacity to do so, otherwise the contact will have no legal consequences on the parties. If the contract terms are certain, and the two persons can be assumed from
5 pages (1250 words) Assignment
Find out how much would it cost
to get a custom paper written by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email