b) Both tort and contract laws are considered part of the civil law (as opposed to criminal law). However, there are several differences between these two branches of civil law.

Required:
i) Explain law of contract and law of tort. (6 marks)
ii) State TWO differences between law of contract and law of tort. (4 marks)

(Total: 10 marks)

i)

  • Law of Contract: An agreement creating obligations enforceable by law. The basic elements of a contract are mutual assent, consideration, capacity, and legality. In some states, the element of consideration can be satisfied by a valid substitute. (3 marks)
  • Law of Tort: A tort is a civil wrong. There are three general types of torts that may cause injury to another person. In civil law, torts are grounds for lawsuits to compensate a grieving party for any damages or injuries suffered. (3 marks)

ii) Law of Contract vs Law of Tort

  • Existence of Agreement: In contract law, there must be an existing agreement between the parties to enter into legal relations. In tort law, a breach of duty is enough to establish liability, and the courts focus on the harm or injury suffered by the victim. (2 marks)
  • Provision of Consideration: In contract law, there is a requirement for consideration (something of value exchanged between parties). In tort law, the focus is on the duty of care and the breach of that duty, not on any exchange of value. (2 marks)

(Total: 10 marks)