Download
1 / 7
70 likes | 213 Vues
THE LAW OF OBLIGATIONS Based on consent; Created by general law; Contractual liability Non-contractual liability. THE LAW OF TORTS. THE LAW OF RESTITUTION. THE LAW OF CONTRACTS. Deals with the obligation to pay benefits received where there has been no contract to pay for them.
E N D
THE LAW OF OBLIGATIONS Based on consent; Created by general law; Contractual liability Non-contractual liability THE LAW OF TORTS THE LAW OF RESTITUTION THE LAW OF CONTRACTS Deals with the obligation to pay benefits received where there has been no contract to pay for them Deals with self-imposed or contractual obligations Deals with civil injuries and wrongs
DEFINITIONS: • A contract is a legally enforceable promise. • A contract is an agreement between two or more persons, which creates rights and obligations enforceable in the courts. • A contract is an agreement between two or more persons which creates an obligation to do or not to do a particular thing (Black’s Dictionary) • A contract is an agreement giving rise to obligations which are enforced or recognized by law (Treitel) • A contract is an agreement which is legally enforceable or legally recognized as creating a duty (Atiyah) • A contract is a promise or set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty (Restatement of the Law of Contracts (also cited by Anson)) • A contract is a promise or a set of promises which the law will enforce (Pollock)
