Contract vs tort - Revision history

Designing Buildings: Reverted edits by 147.147.84.182 (talk) to last revision by Designing Buildings

2021-05-10T07:18:36Z

Reverted edits by 147.147.84.182 (talk) to last revision by Designing Buildings

← Older revision		Revision as of 07:18, 10 May 2021
Line 1:		Line 1:
	The classic 19th century definition of a contract is 'a promise or set of promises which the law will enforce' (Pollock, Principles of Contract 13th edition). That is to say, there is reciprocity of undertaking passing between the promisor and the promisee.		The classic 19th century definition of a contract is 'a promise or set of promises which the law will enforce' (Pollock, Principles of Contract 13th edition). That is to say, there is reciprocity of undertaking passing between the promisor and the promisee.

−	Tort, on the other hand, is generic in nature and therefore more difficult to define. It is a collection of civil law remedies entitling a person to recover damages for loss ~~&~~ injury which have been caused by the actions, omissions or statements of another person in such circumstances that the latter was in breach of a duty or obligation imposed at law.	+	Tort, on the other hand, is generic in nature and therefore more difficult to define. It is a collection of civil law remedies entitling a person to recover damages for loss and injury which have been caused by the actions, omissions or statements of another person in such circumstances that the latter was in breach of a duty or obligation imposed at law.

	In contract, the rights and obligations are created by the acts of agreement between the parties to the contractual arrangement.		In contract, the rights and obligations are created by the acts of agreement between the parties to the contractual arrangement.

147.147.84.182 at 00:38, 10 May 2021

2021-05-10T00:38:33Z

← Older revision		Revision as of 00:38, 10 May 2021
Line 1:		Line 1:
	The classic 19th century definition of a contract is 'a promise or set of promises which the law will enforce' (Pollock, Principles of Contract 13th edition). That is to say, there is reciprocity of undertaking passing between the promisor and the promisee.		The classic 19th century definition of a contract is 'a promise or set of promises which the law will enforce' (Pollock, Principles of Contract 13th edition). That is to say, there is reciprocity of undertaking passing between the promisor and the promisee.

−	Tort, on the other hand, is generic in nature and therefore more difficult to define. It is a collection of civil law remedies entitling a person to recover damages for loss ~~and~~ injury which have been caused by the actions, omissions or statements of another person in such circumstances that the latter was in breach of a duty or obligation imposed at law.	+	Tort, on the other hand, is generic in nature and therefore more difficult to define. It is a collection of civil law remedies entitling a person to recover damages for loss & injury which have been caused by the actions, omissions or statements of another person in such circumstances that the latter was in breach of a duty or obligation imposed at law.

	In contract, the rights and obligations are created by the acts of agreement between the parties to the contractual arrangement.		In contract, the rights and obligations are created by the acts of agreement between the parties to the contractual arrangement.

Designing Buildings at 06:06, 1 September 2020

2020-09-01T06:06:49Z

← Older revision		Revision as of 06:06, 1 September 2020
Line 40:		Line 40:
	* Trespass.		* Trespass.

−	[[Category:~~Articles_needing_more_work~~]] [[Category:~~Case_law~~]] [[Category:~~DCN_Case_Law~~]] [[Category:~~Other_legislation~~]] [[Category:~~DCN_Legislation~~]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:Case_law]] [[Category:Other_legislation]]

Designing Buildings: Reverted edits by Harchitine (talk) to last revision by Editor

2020-01-05T09:31:22Z

Reverted edits by Harchitine (talk) to last revision by Editor

← Older revision		Revision as of 09:31, 5 January 2020
Line 1:		Line 1:
−	~~= Contract =~~
−
−	~~ARB Code of Conduct Standard 4.4 : You are expected to have a written agreement / contract with the client.~~
−
	The classic 19th century definition of a contract is 'a promise or set of promises which the law will enforce' (Pollock, Principles of Contract 13th edition). That is to say, there is reciprocity of undertaking passing between the promisor and the promisee.		The classic 19th century definition of a contract is 'a promise or set of promises which the law will enforce' (Pollock, Principles of Contract 13th edition). That is to say, there is reciprocity of undertaking passing between the promisor and the promisee.
−
−	~~Three essential elements or a contract:~~
−
−	~~1. Agreement (offer and acceptance) : must be offer by one party + acceptance by the other~~
−
−	~~2. Intention : an intention that the agreement shall have legal consequences~~
−
−	~~3. Consideration : each party must give something or promise to give something in exchange for the other's act or promise~~
−
−	'Subject to contract' : Once an offer has been accepted by the seller, then the property is sold subject to contract. This means that although the offer has been accepted, the paperwork is not yet complete. No money will have changed hands yet, so nothing is legally binding and the price can still be negotiated.
−
−	~~Example : Blue v Ashley 2017 [EWHC] 1298 (Comm)~~
−
−	Mr Ashley, the head of Sports Direct had drunk 8 pints in a pub with employee Mr Blue and allegedly agreed to pay him £15m if the share price of the company increased by £8, which it did. Mr Blue sued him, Mr Ashley had made an offer that was intended to be bound by legal relations and that Mr Blue had accepted the offer. Judge dismissed the claim, since Mr Ashley did not intend to create legal relations and the pub is considered an 'unlikely setting' for a formal contract negotiation.
−
−	~~= Tort =~~

	Tort, on the other hand, is generic in nature and therefore more difficult to define. It is a collection of civil law remedies entitling a person to recover damages for loss and injury which have been caused by the actions, omissions or statements of another person in such circumstances that the latter was in breach of a duty or obligation imposed at law.		Tort, on the other hand, is generic in nature and therefore more difficult to define. It is a collection of civil law remedies entitling a person to recover damages for loss and injury which have been caused by the actions, omissions or statements of another person in such circumstances that the latter was in breach of a duty or obligation imposed at law.
−
−	~~= Differences =~~

	In contract, the rights and obligations are created by the acts of agreement between the parties to the contractual arrangement.		In contract, the rights and obligations are created by the acts of agreement between the parties to the contractual arrangement.
Line 40:		Line 18:

	In a lecture to the Technology & Construction Bar Association and the Society of Construction Law on 30th October 2014, Lord Justice Jackson described the difference as: “The law of tort or delict requires D (defendant) to refrain from injuring C’s (claimant) person or property, alternatively to compensate C for any injury or loss caused. The law of contract requires D to fulfil his promises to C or, in default, to make compensation.” Ref [https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf]		In a lecture to the Technology & Construction Bar Association and the Society of Construction Law on 30th October 2014, Lord Justice Jackson described the difference as: “The law of tort or delict requires D (defendant) to refrain from injuring C’s (claimant) person or property, alternatively to compensate C for any injury or loss caused. The law of contract requires D to fulfil his promises to C or, in default, to make compensation.” Ref [https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf]
−
−	~~= Doctrine of Privity =~~
−
−	~~A contract cannot confer rights or impose obligations on any persons who is not party to the contract. See collateral warranty / third party acts.~~
−
−	~~= Terms of Building Contract vs Architects Appointment =~~
−
−	~~=== Terms of Building Contract ===~~
−
−	~~JCT / NEC3~~
−
−	* Scope of services
−	* Cost + terms of payment
−	* Variations
−	* Valuations
−	* Limitation period
−	* Extension of time
−	* Principal contractor obligations
−	* Latent Defects
−
−	~~=== Terms of Architects Appointment ===~~
−
−	~~RIBA Agreements 2010 (2012 revision)~~
−
−	* Scope of services
−	* Fees
−	* Net contribution clause
−	* Right to terminate
−	* Copyright
−	* Liable if project not completed on time / budget

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =
Line 92:		Line 40:
	* Trespass.		* Trespass.

−	[[Category:Articles_needing_more_work]] [[Category:Case_law]] [[Category:Other_legislation]]	+	[[Category:Articles_needing_more_work]] [[Category:Case_law]] [[Category:DCN_Case_Law]] [[Category:Other_legislation]] [[Category:DCN_Legislation]]

Harchitine at 15:49, 4 January 2020

2020-01-04T15:49:09Z

← Older revision		Revision as of 15:49, 4 January 2020
Line 44:		Line 44:

	A contract cannot confer rights or impose obligations on any persons who is not party to the contract. See collateral warranty / third party acts.		A contract cannot confer rights or impose obligations on any persons who is not party to the contract. See collateral warranty / third party acts.
		+
		+	= Terms of Building Contract vs Architects Appointment =
		+
		+	=== Terms of Building Contract ===
		+
		+	JCT / NEC3
		+
		+	* Scope of services
		+	* Cost + terms of payment
		+	* Variations
		+	* Valuations
		+	* Limitation period
		+	* Extension of time
		+	* Principal contractor obligations
		+	* Latent Defects
		+
		+	=== Terms of Architects Appointment ===
		+
		+	RIBA Agreements 2010 (2012 revision)
		+
		+	* Scope of services
		+	* Fees
		+	* Net contribution clause
		+	* Right to terminate
		+	* Copyright
		+	* Liable if project not completed on time / budget

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

Harchitine at 15:40, 4 January 2020

2020-01-04T15:40:14Z

← Older revision		Revision as of 15:40, 4 January 2020
Line 1:		Line 1:
		+	= Contract =
		+
		+	ARB Code of Conduct Standard 4.4 : You are expected to have a written agreement / contract with the client.
		+
	The classic 19th century definition of a contract is 'a promise or set of promises which the law will enforce' (Pollock, Principles of Contract 13th edition). That is to say, there is reciprocity of undertaking passing between the promisor and the promisee.		The classic 19th century definition of a contract is 'a promise or set of promises which the law will enforce' (Pollock, Principles of Contract 13th edition). That is to say, there is reciprocity of undertaking passing between the promisor and the promisee.
		+
		+	Three essential elements or a contract:
		+
		+	1. Agreement (offer and acceptance) : must be offer by one party + acceptance by the other
		+
		+	2. Intention : an intention that the agreement shall have legal consequences
		+
		+	3. Consideration : each party must give something or promise to give something in exchange for the other's act or promise
		+
		+	'Subject to contract' : Once an offer has been accepted by the seller, then the property is sold subject to contract. This means that although the offer has been accepted, the paperwork is not yet complete. No money will have changed hands yet, so nothing is legally binding and the price can still be negotiated.
		+
		+	Example : Blue v Ashley 2017 [EWHC] 1298 (Comm)
		+
		+	Mr Ashley, the head of Sports Direct had drunk 8 pints in a pub with employee Mr Blue and allegedly agreed to pay him £15m if the share price of the company increased by £8, which it did. Mr Blue sued him, Mr Ashley had made an offer that was intended to be bound by legal relations and that Mr Blue had accepted the offer. Judge dismissed the claim, since Mr Ashley did not intend to create legal relations and the pub is considered an 'unlikely setting' for a formal contract negotiation.
		+
		+	= Tort =

	Tort, on the other hand, is generic in nature and therefore more difficult to define. It is a collection of civil law remedies entitling a person to recover damages for loss and injury which have been caused by the actions, omissions or statements of another person in such circumstances that the latter was in breach of a duty or obligation imposed at law.		Tort, on the other hand, is generic in nature and therefore more difficult to define. It is a collection of civil law remedies entitling a person to recover damages for loss and injury which have been caused by the actions, omissions or statements of another person in such circumstances that the latter was in breach of a duty or obligation imposed at law.
		+
		+	= Differences =

	In contract, the rights and obligations are created by the acts of agreement between the parties to the contractual arrangement.		In contract, the rights and obligations are created by the acts of agreement between the parties to the contractual arrangement.
Line 18:		Line 40:

	In a lecture to the Technology & Construction Bar Association and the Society of Construction Law on 30th October 2014, Lord Justice Jackson described the difference as: “The law of tort or delict requires D (defendant) to refrain from injuring C’s (claimant) person or property, alternatively to compensate C for any injury or loss caused. The law of contract requires D to fulfil his promises to C or, in default, to make compensation.” Ref [https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf]		In a lecture to the Technology & Construction Bar Association and the Society of Construction Law on 30th October 2014, Lord Justice Jackson described the difference as: “The law of tort or delict requires D (defendant) to refrain from injuring C’s (claimant) person or property, alternatively to compensate C for any injury or loss caused. The law of contract requires D to fulfil his promises to C or, in default, to make compensation.” Ref [https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf]
		+
		+	= Doctrine of Privity =
		+
		+	A contract cannot confer rights or impose obligations on any persons who is not party to the contract. See collateral warranty / third party acts.

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

Editor at 18:22, 15 March 2019

2019-03-15T18:22:07Z

← Older revision		Revision as of 18:22, 15 March 2019
Line 19:		Line 19:
	In a lecture to the Technology & Construction Bar Association and the Society of Construction Law on 30th October 2014, Lord Justice Jackson described the difference as: “The law of tort or delict requires D (defendant) to refrain from injuring C’s (claimant) person or property, alternatively to compensate C for any injury or loss caused. The law of contract requires D to fulfil his promises to C or, in default, to make compensation.” Ref [https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf]		In a lecture to the Technology & Construction Bar Association and the Society of Construction Law on 30th October 2014, Lord Justice Jackson described the difference as: “The law of tort or delict requires D (defendant) to refrain from injuring C’s (claimant) person or property, alternatively to compensate C for any injury or loss caused. The law of contract requires D to fulfil his promises to C or, in default, to make compensation.” Ref [https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf]

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Alternative dispute resolution.		* Alternative dispute resolution.
Line 30:		Line 28:
	* Construction contract.		* Construction contract.
	* Contract negotiation.		* Contract negotiation.
		+	* Delict.
	* Derogation from grant.		* Derogation from grant.
	* Dispute resolution boards.		* Dispute resolution boards.

Designing Buildings at 08:36, 7 March 2019

2019-03-07T08:36:45Z

← Older revision		Revision as of 08:36, 7 March 2019
Line 17:		Line 17:
	The area of tort which recently has been most exhaustively considered by the courts is negligence.		The area of tort which recently has been most exhaustively considered by the courts is negligence.

−	In a lecture to the Technology & Construction Bar Association and the Society of Construction Law on 30th October 2014, Lord Justice Jackson described the difference as: “The law of tort or delict requires D to refrain from injuring C’s person or property, alternatively to compensate C for any injury or loss caused. The law of contract requires D to fulfil his promises to C or, in default, to make compensation.” Ref [https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf]	+	In a lecture to the Technology & Construction Bar Association and the Society of Construction Law on 30th October 2014, Lord Justice Jackson described the difference as: “The law of tort or delict requires D (defendant) to refrain from injuring C’s (claimant) person or property, alternatively to compensate C for any injury or loss caused. The law of contract requires D to fulfil his promises to C or, in default, to make compensation.” Ref [https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf]

	= Find out more =		= Find out more =

Designing Buildings at 08:34, 7 March 2019

2019-03-07T08:34:03Z

← Older revision		Revision as of 08:34, 7 March 2019
Line 17:		Line 17:
	The area of tort which recently has been most exhaustively considered by the courts is negligence.		The area of tort which recently has been most exhaustively considered by the courts is negligence.

−	In a lecture to the Technology & Construction Bar Association and the Society of Construction Law on 30th October 2014, by Lord Justice Jackson described the difference as: “The law of tort or delict requires D to refrain from injuring C’s person or property, alternatively to compensate C for any injury or loss caused. The law of contract requires D to fulfil his promises to C or, in default, to make compensation.” Ref [https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf]	+	In a lecture to the Technology & Construction Bar Association and the Society of Construction Law on 30th October 2014, Lord Justice Jackson described the difference as: “The law of tort or delict requires D to refrain from injuring C’s person or property, alternatively to compensate C for any injury or loss caused. The law of contract requires D to fulfil his promises to C or, in default, to make compensation.” Ref [https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf]

	= Find out more =		= Find out more =

Designing Buildings at 08:33, 7 March 2019

2019-03-07T08:33:38Z

← Older revision		Revision as of 08:33, 7 March 2019
Line 17:		Line 17:
	The area of tort which recently has been most exhaustively considered by the courts is negligence.		The area of tort which recently has been most exhaustively considered by the courts is negligence.

−	In a lecture to the Technology & Construction Bar Association and the Society of Construction Law on 30th October 2014, by Lord Justice Jackson described the difference as: “The law of tort or delict requires D to refrain from injuring C’s person or property, alternatively to compensate C for any injury or loss caused. The law of contract requires D to fulfil his promises to C or, in default, to make compensation.” Ref https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf	+	In a lecture to the Technology & Construction Bar Association and the Society of Construction Law on 30th October 2014, by Lord Justice Jackson described the difference as: “The law of tort or delict requires D to refrain from injuring C’s person or property, alternatively to compensate C for any injury or loss caused. The law of contract requires D to fulfil his promises to C or, in default, to make compensation.” Ref [https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf]

	= Find out more =		= Find out more =