The elements of a contract - Free Essay Example

Sample details Pages: 7 Words: 2184 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Research paper Did you like this example? 1.0 Introduction I am the Human Resource Manager for a recording company. My director who name Mr. Abu requested me to rent an apartment accommodation for three employees who came from oversea to stay in my state. Don’t waste time! Our writers will create an original "The elements of a contract" essay for you Create order So I am as the Human Resources Manager, I am expected to deal with the landlord. I need to find out the main element for binding a valid house rent contract. Apart from that, I need to brief the main element to my directors Mr. Abu and design a contract to show to Mr. Abu. Then, to assume that the landlord claim that my employees was damage the kitchen cabinets after one month they have stay in the rented apartment, so I am expect to write a report to Mr. Abu on what kind of legal solution that might can be taken by the landlord and how I am go to solve the situation and I need to justify my answer to avoid my legal liability on such damage to property in apartment. Apart from that, I need to describe the nature contractual liability arising from the damages that found in the house and whether tenants are partially or wholly liable for damages done to the premises. 2.0 The Main Element for Binding a Valid House Renting Contract 2.1 Offer An offer or proposal for the cr eation of an agreement is necessary. Section 2(a) Contract Act 1950 provides that if a person means another who is willing to do or omit to do something to the consent of the other as the act or abstinence could be obtained, it is said, on to make a suggestion. The first part of the Section 2(c) in the Contracts Act 1950 calls the person who make the proposal promisor. Under the contracts Act 1950 and English Law, an offer or proposal is something which is capable of being changed into the agreement by its acceptance. The proposal should be a definite promise to be bound provided certain specified terms that are accepted. The promisor or also called as the offeror must have stated his willingness to an obligation to undertake certain specific terms, leaving the option of its refusal or acceptance to the offeree, the person to whom that offer is made. Then contract is complete once the offeree is accept the offer. (GILLIES, P, 2004). Thus, offer is one of the parties made a promis e to do or prevent from doing some specified action in the future. (Jec.unm.edu, 2015). Apart from that, the offeror may make the offer to a particular person or to the whole world. 2.2 Acceptance To form a binding valid house renting contract, the offer must have an acceptance. Acceptance of an offer is the offer was accept unambiguously. The acceptance must be an agreement to each of the terms of the offer. Section 2(b) of the contract Act 1950 provides that when a person made signifies his assent thereto to whom, the proposal is said to have been accepted. When a proposal was accepted, it will become a promise. Apart from that, the person that who is accepted the proposal is called promisee. In additional, acceptance must be communicated to the offeror. The communication of acceptance may be express or implied. (Gulshan, Kapoor and Paliwal, 2008). Furthermore, acceptance of any promise which is made in performance or words that could say to be express. In contrast, accep tance that made other than words and performance is say to be implies. For proposal to be changed in a promise, the acceptance of the proposal must be absolute and unqualified, so that the acceptance is complete consensus. Then, if the parties are still bargaining, agreement is still not yet formed and the proposer cannot prescribe silence as a manner of acceptance. 2.3 Intention to Create Legal Relations A statement to be an offer, it must be made with the intention that it be binding upon acceptance. It is also necessity that all the parties to an agreement have an intention to create legal relations which is meaning the parties intend the legal consequences attach to their agreement. (JONES, L, 2013). In short, the parties intend that the agreement will be binding with recourse to some external judge for this enforceability. In determining whether the parties intend their agreement to be legally binding, the courts are guided by two presumptions such as parties to a dome stic or social agreement do not intend to be legally bound and parties to business agreement intend to be legally bound. These are presumptions only and can be rebutted by sufficient evidence to the contrary. 2.4 Consideration Considerations is something of legal value that each party gives to the contract to bind the agreement. (Goldman and Sigismond, 2014). So, the consideration is especially important where the agreement involves a promise to the act in a particular way in future. In exchanges where there is an immediate, simultaneous transfer of, for example, good for money, the doctrine of consideration applies in theory but rarely will causes practical problems. An agreement without consideration can consider is void. Apart from that, consideration need not be adequate and not be too vague. The words consideration defined as when, at the desire of the promisor, the promisee or any other person has done or refused from doing, or does or refused from doing, or promises to do and refused from doing something, such act or abstinence or consider as promise is called a consideration for the promise. 2.5 Certainty Certainty is the terms of a contract are certain when each of the provision is described or explained properly and clearly set forth. (Definitions.uslegal.com, 2015). The terms of an agreement cannot be vague but must be certain. An agreement which is not capable of being made certain or uncertain is consider as void. An enforceable contract requires certainty of terms. Which means for an agreement to be a contract, it must be apparent what is the terms of the contract are. If the important term in the agreement is not settled, the agreement is not a contract. 2.6 Capacity Capacity to contract is legal and mental ability to understand the nature of an enforceable agreement. (Goldman and Sigismond, 2011). Furthermore, capacity is mean that the legal competence of a person to enter into a valid contract. The parties entering into a contract should be also competent to contract, that is to said, they must have the legal capacity to do so. Capacity refers to the ability of the parties to a contract to fully understand its terms and obligations. For example, a contract made with person mentally unsound, a bankrupt person and person under age 18 in Malaysia is void. Every person is competent to a contract if who is of the age of majority which is eighteen years old to the law to which he is subject, and who is healthy and not disqualified from contract by a law which it is subject there. However, there are some exceptions to this rule which are Contracts for necessaries, Contracts of scholarship and Contracts of insurance as well. 3.0 The Damaged level of kitchen by Alex Recording Sdn Bhd employee Alex Recording Sdn Bhd employees have damaged a part of the premise which is kitchenà ¢Ã¢â€š ¬Ã¢â€ž ¢s cabinet. The damaged cabinet has been left for a long period without any maintenance or repair. 3.1Legal action take by landlord Due to Alex Recording employee Sdn Bhd employees had damaged the kitchenà ¢Ã¢â€š ¬Ã¢â€ž ¢s cabinet and left for a long period without any maintenance or repair. Therefore, the landlord is going to take legal actions towards Alex Recording Sdn Bhd based on the rental agreementà ¢Ã¢â€š ¬Ã¢â€ž ¢s conditions as follows: (Please refer to Appendix 1.1 Rental Agreement number 11 and 12) 3.2 Landlord takes action to against Alex Recording SdnBhd The landlord will takes civil action to against Alex Recording Sdn Bhd due to Alex Recording Sdn Bhd is breach of contract cases. According to wiseGEEK (no date) has reported that a civil action is usually brought for the purpose of resolving private legal issues that arise between business, people, or other entities. There also mentioned some of the most common kinds of civil actions include family law proceedings, civil rights violations, breach of contract cases, and personal injury lawsuits. Landlord ca nà ¢Ã¢â€š ¬Ã¢â€ž ¢t takes criminal action to against Alex Recording Sdn Bhd due to criminal action is brought by government (society) to determine whether the guilty person committed the unlawful act and to determine the accused personà ¢Ã¢â€š ¬Ã¢â€ž ¢s punishment reported by NDSU (no date). NDSU also reported that criminal action punishment will be imprisonment or a fine paid to the government, and the case of criminal action such as Armed Rubbery. 3.3 The Argument to against landlord According to Alex Recording Sdn Bhd employees said that the kitchenà ¢Ã¢â€š ¬Ã¢â€ž ¢s cabinet was broken before they move in. However, Alex Recording Sdn Bhd employees still used the cabinet but without repair it. That mean that the cabinet is not broken by Alex Recording Sdn Bhd employees and it should by someone else who had rented the premises before. Basically, Alex Recording Sdn Bhd is not liable to pay the repair fee to the landlord due to the cabinet is not broke by their employees and also the Rental Agreement didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t notice or mention that the RESIDENT should check all the items is on the good condition before move in the premises. 3.4 Element of the contract between Alex Recording Sdn Bhd and landlord Offer Is a proper offer. Acceptance Is a proper acceptance. Consideration The agreement have consideration. Certainly The agreement is certain. Capacity Both parties have legal capacity. Intention to create legal relations -The agreement is intention to create legal relations. (Please refer to Appendix à ¢Ã¢â€š ¬Ã¢â‚¬Å" à ¢Ã¢â€š ¬Ã…“2.1 Case lawà ¢Ã¢â€š ¬Ã‚  to check the similar case) 4.0 Contractual Liability for the damages of house The employees of Alex Recording have damaged the kitchenà ¢Ã¢â€š ¬Ã¢â€ž ¢s cabinet. Hereby, there are several elements of contract which has existed in this case. The elements are offer, certainty, consideration, capacity, intention to create legal intention as well as acceptance. 4.1 Offer Thereà ¢Ã¢â€š ¬Ã¢â€ž ¢s a valid offer which offered by Alex Recording, which proved by the signature of Director of Alex Recording. Moreover, terms and condition has written down in the contract by offering the landlord to have the signature. 4.2 Acceptance The acceptance in this situation is valid. We assume that the landlord has read the terms and condition only the landlord sign the contract. Meaning to say that the landlord has agreed to the contract before the landlord sign and accept this offer by Alex Rec ording. 4.3 Consideration Thereà ¢Ã¢â€š ¬Ã¢â€ž ¢s consideration in this contract which state in the first terms and condition in the contract, that the Alex Recording will pay RM1300 in advance for the first month as well as the security deposit of RM300, in total is RM2050 are to be paid to the landlord, Lim Wei Shang. 4.4 Certainty This contract is definitely certainty and thereà ¢Ã¢â€š ¬Ã¢â€ž ¢s no vague terms and condition written, and labeled neatly. 4.5 Capacity The offeror and offeree has been officially 18 and above. Apart from that, both of the parties are not mentally unsound. Furthermore, theyà ¢Ã¢â€š ¬Ã¢â€ž ¢re not in bankrupt. Thus, this is a valid contract. 4.6 Intention to create legal relation In this case, thereà ¢Ã¢â€š ¬Ã¢â€ž ¢s an intention to create legal relation which is business relation between landlord and director. Our party will only agree to take the responsibility of partially liable since the cabinet in the kitchen is alre ady not in a good and well condition before we starting the agreement contract and entered into rented the room. We will only take half of the responsibility as we are only partially liable for the damage of kitchen cabinet. The cabinet is too old can be see it was use many year and it is the landlords responsibility in change of a brand-new or a well-fixed cabinet before renting the room out. The landlord should also be partially liable for the damage as the landlord should take care of the safety of the customer. The landlord had already broken a condition called contributory negligence. As such, we will only be partially liable of the damage as we should not be the only party that should be responsible for the damage. As the supported by judicial precedent which is previous case law. (Please refer to Appendix 3.1 Case Law to check the similar case) 5.0 Conclusion Law can define as the body of customary rules recognized by a community as binding. Apart from that, law is d efining as a body of rules which are enforced by the state. Contract may be defined as an agreement enforceable by law. Contract is an agreement which is legally binding between parties. The main element of law of contract is offer, consideration, certainly, capacity, acceptance of an offer and intention to create legal elations. In conclusion, Alex recording Sdn Bhd only partially liable on the damages of kitchen cabinet because of the kitchen cabinet is already damages before employees of Alex recording is starting the agreement and entered the rental apartment. The landlord should also be partially liable for the damage as the landlord should take care of the safety of the customer. Introduction to Law 1

Analyzing The Findings Of International Students ...

Findings The purpose of this qualitative study was to report the findings of international students’ challenging experiences in the American classroom setting in Higher Education. The activities include, but are not limited to, classroom discussions, and interactions with professors. For the purpose of this study, classroom practices in institutions of higher education in the United States are identified as a group of activities that take place in a classroom setting. After analyzing the interviews, the following themes emerged: The Discussion is in American Culture, Do Students Understand When I’m Talking?, American Professors Aren’t Controlling and Organized, Professors’ Communication is Strict. The Discussions are in American†¦show more content†¦And sometimes I don’t want to ask because they are learning too. And I don’t want to interrupt their learning process, so anything relating to American, unique to American context, I feel hard to understand at first. If someone introduced me that would be easier, but in a classroom setting usually I don’t have time to ask for detail things so its one of the challenges. Similarly Zahra, a freshman a speech language pathology and audiology major also indicated that it was hard for her to participate in certain classroom discussions because the students in her class would have discussions that were culture based which she wasn’t familiar with, or didn’t understand. She said: The culture is hard to understand too because sometimes when I talk about something if the discussion is about cultural things or something like that sometimes it is hard for me to like transfer the picture from my mind to other because they don’t see this picture. Do Students Understand When I’m Talking? Related to their challenges, both of the participants also expressed their concern about the domestic students understanding what they said. They both had fear that when they spoke the students didn’t understand what they said, and instead they would prefer to keep quiet instead, so they don’t feel embarrassed during the conversation. Yen Said: I feel umm, sometimes I feel umm I’m so silent in the group discussion, or kind of in a classroom discussion in general is because

Religious Freedom and the Great American Melting Pot Free Essays

string(269) " arms approach to all in the song Your Tired, Your Poor \(the Statue of Liberty song\); â€Å"Give me your tired, your poor, your huddled masses yearning to breathe free; the wretched refuse of your teeming shore, send these, the homeless to me† \(http:// kids\." This paper will also explore the supposition that the United States’ open arms America’s Melting Pot) allows all that seek a better life, entrance, has placed us at risk of terror attacks from those who merely purport to be in the U. S. To gain citizenship, to vacation, or to take advantage of the Great American Dream. We will write a custom essay sample on Religious Freedom and the Great American Melting Pot or any similar topic only for you Order Now When in actuality their plans may be nefarious in nature. There is no question that the United States’ open door policy has made this a very diverse nation that holds its freedom in high regard. In many ways it can be said that our cultural, religious and ethnic diversity is what makes us so attractive to the rest of the world. It is also what makes us vulnerable. We know that America has its enemies, and since 9/1 1 the U. S. Has increased its security measures. However, it will be next to impossible to thwart every threat without violating our civil liberties. It is no doubt that societies throughout the world have become more and more interconnected. Applying the sociological perspective will help us to discover some truths about our common nature, as well as the opportunities and imitations in our lives. It helps us to take a more active role in our society by exposing who we are as a people, which helps us to navigate in this diverse world. The structural-functional approach was not the approach that fit this particular situation. Surely there are many who devote great time and effort to promote solidarity and stability. These same individuals yearning for a society whose complexities work together. I believe that the social-conflict approach is one that has been utilized in many studies examining the social, ethnic and cultural dynamics in this country. It covers many different aspects of inequality, whether it is gender, religious, race, social class, sexual orientation, etc.. As much as we would like to believe that things are changing, we see in everyday fife that things do not really change that much. That there are some people in powerful positions always looking to separate themselves from others that are different under the pretext that they are protecting themselves and what they have from being taken away by those not like themselves. The differences in religious beliefs in America are not new. This Country was founded, first on the principals of religious tolerance and later thanks to James Madison and the framers of our Constitution, religious freedom. If the extent of our conflict was based solely on our differences in religion, a conflict that seems insurmountable at best we would have a better chance at unifying this nation. The first settlers of this new world absent the Native Americans sought freedom from the tyranny of British rule and religious persecution. The subject of religion was still a major issue to many. However there were a great many issues that plagued our new society. These were issues that always seemed to be simmering below the surface. Due to the advent of sociological research, we can see the wide range of issues and the deep seeded animosity for those who failed to share in the ideals represented by those in positions of power. The idea was to study the cultural differences displayed in a society and to identify the conflicts that exist between the subcultures. This is what we found. There are many varying religions, some with similar interests and beliefs. There was a religious movement coming of age which was birthed in the late asses. By and large Americans value their diversity. Even among certain religious groups which may be what you might call sub-cultures. For instance you have Anglo-Catholic, Latino-Catholic, Mainline Protestant, Black Protestant, Evangelical Protestant, Mormon, Jewish, Muslim, Hindu, and many other faiths. Many of these religions are simply alternative interpretations of an existing faith. Some use the differences in their religious beliefs to spark discord in our society. The Christian religion was once, and depending on who you speak to today, a very singular religion. Serving one God who imparted his ultimate law to his people through his prophet Moses. However, Christianity was deemed by Jesus’ disciples to be an extension of the Jewish faith. An extension very much rejected by the Jewish community at large. This rejection stemmed from the Pharisees’ adamant disbelief that Jesus was the miming Messiah foretold in the Torah. There are many who identify as Christian and are scattered across the country. These Christians are vehemently opposed to the idea that any other race or ethnic group can lay claim to greatness or superiority. In fact they see the Jew as a non- Aryan individual, as an enemy to their cause. They see themselves as members of the lost tribes of Israel. They also see themselves as God’s chosen people. They have taken up the charge to rid the world of this evil. The Christian Identity Movement is of the mind that they are at war and it is a war against good and evil. This group is a paramilitary group that views the US Government as an evil entity that has been captured and now controlled by the Jews and therefore an enemy. The Christian Identity Movement is a White Supremacist religion that grounds its beliefs in a racist reading of the Holy Bible. Many of them believe that God cannot return until the earth is free of Gods enemies. There is another group which is an offshoot of the Christian Identity Movement called the Pennies Priesthood. A member of the Christian Identity Movement can claim membership in the Pennies Priesthood by omitting a violent act even murder on any non-Aryan enemy. It was typical to choose an interracial couple, all in the name of racial and religious purity. We’ve established that America is a nation that advocates diversity. America has often advertised its open arms approach to all in the song Your Tired, Your Poor (the Statue of Liberty song); â€Å"Give me your tired, your poor, your huddled masses yearning to breathe free; the wretched refuse of your teeming shore, send these, the homeless to me† (http:// kids. You read "Religious Freedom and the Great American Melting Pot" in category "Papers" Niches. NIH. Gob/games/songs/patriotic/liberty. HTML). This nation was built on he diversity of its people. That is not to say that there were no instances where the cultures clashed. With the influx of many different ethnic groups with their varying beliefs and customs there was bound to be some friction. In any social structure where there is rapid social change we must expect there to be a period of adjustment. It would appear that we are still adjusting even now. On the surface there is the illusion of diminished conflict, as evidenced by the information gleaned thus far. Some suggest that we are like a volcano waiting to erupt. Because it is not literally correct or socially acceptable to be openly vocal about our negative racial proclivities it is usually hidden behind a veil of smiles or sometimes blank looks. We tend to show our true selves to those who are like minded. One would think that in this day and age we would have found a way to bridge the gap of racial conflict and move on to the next thing. Perhaps we could tackle gender conflict and religious conflict, let’s Just put them all on the table and start talking. The subject matter is far too explosive. I believe that this is why most people operate by utilizing social- exchange analysis when engaging others. They are able to tolerate the individual or individuals if they stand to gain or lose something by the interaction. It is suggested that religion is not nearly as divisive as race, class or politics. This may be true; however, I do not believe it has ever really been addressed as openly as the others. There is definitive proof that the above organizations are gearing up for what they call a holy war. This concept of an American holy war which has been brewing since the American Civil War and the birth of the UK Klux Klan, took on a new dynamic on September 1 1, 2001. Religious extremism is alive and well in the U. S. War in the name of religion is nothing new. It has been a reality since the beginning of time if you believe the creation story. Satan drew first blood by deceiving first Eve then Adam. The conflict surrounding religion has evolved, transformed and fragmented into a battle that’s no longer Just about good versus evil but, who the true GOD of this world really is and his message to his people. Again there are several recognized religions, with several gods to accompany them. This battle has definitely spilled over into our communities. It has breached our borders. It was before unheard of to have a foreign national to declare war, and carry out a threat as large as 9/1 1 on American soil. These terrorists were in the United States enrolled as students, learning to fly planes. America has become a target because we have not submitted to Islam, and also because of its support and defense of Israel in its fight against the Palestinians and other Arab Nations. There had been 22 other attacks on the U. S. Prior to 9/11. There were 22 warnings prior to the most devastating act of war on U. S. Oil ever; – 1979 Iran Hostage Crisis, the Seizure of the US Tehran Embassy, Iran 1983 Bombing of the US Beirut Embassy, Lebanon – 1983 Bombing of US Kuwait Embassy – 1984 Bombing of US Beirut Embassy (again) – 1984 Kuwait Airlines Flight 221 hijacked to Tehran – 1985 Hijacking TWA Flight 847 – 1985 Hijacking cruise ship Achilles Laura – 1986 Bombing Berlin Disco frequented by US servicemen – 1988 Bombing P an Am Flight 103 over Locker, Scotland – 1983 First Bombing World Trade Center – 1993 Foiled NY Landmarks plot by Omar Abdul Raman – 1993 Attempted Assassination of President Bush Sir. 1993 Black Hawk Down – 1994 Plot to Assassinate President Clinton – 1995 Failed Project Booking by Ram Houses 1995 Bombing of US Military Headquarters, Riyadh, Saudi Arabia – 1996 Bombing Isobar Towers, Saudi Arabia – 1998 Bombing US Nairobi Embassy, Kenya, Africa – 1998 Bombing US Dare SE Salaam Embassy, Tanzania, Africa – 1999 Foiled LAX Millennium Plot by Aimed Erases – 2000 Failed US The Sullivan Bombing Port of Aden, Yemen – 2000 Bombing US Cole Port of Aden, Yemen – 2001 9/1 1 Attacks World Trade Center, Flight 93, Pentagon As you can probably imagine there have also been successful terrorist attacks as well as foiled attempts after the attacks of 9/11. As long as we stand on the side of Israel, advocating on its behalf we will be viewed as an enemy of Islam. The question is, are we the better for it? It is my belief that we are. I can only hope that I am not the only one. Since 9/11 we have had to accept some very harsh realities pertaining to our new existence. Our National Security that we had grown to expect and took for granted was not so absolute. 9/1 1 showed the world that there were kinks in our armor. Undoubtedly, our security procedures have changed significantly since. Immediately following the 9/1 1 attack America’s borders were completely closed for the first time in recorded history. No planes were allowed in or out of the country. No Ships were allowed to dock. No one allowed to cross the border in or out. With this there was the institution of a new branch of law enforcement called Homeland Security. The US became more aggressive in its efforts to bring those responsible to justice by any means necessary with the institution of the Patriot Act. In an effort to secure our land, we, (American citizens) also became subjects of ongoing investigations, no one could be trusted. The American people were scrutinized, our affiliations with those of Middle Eastern descent questioned. It has also been discovered that our civil liberties have been violated by the US Government by way of unlawful audio surveillance of our home and cell phones and the like. Even with all of the very necessary and questionable changes, they may not be enough. What makes us so vulnerable is the likelihood that anyone of our citizens could be the next jihads. We have no way of knowing for sure who might have a reason to declare war on our nation. We have no way of knowing for certain who is living here under false pretenses Just waiting for the authorization to move on a specific target. It is so ere hard to determine because there are those who have been here for years and those still entering the country. It is impossible to know for sure what is in a person’s mind. That we cannot detect from a machine in airport security. Not to mention that with the advent of the internet they need not cross our borders at all to communicate with these alleged sleeper cells or sympathizers (The Global War on Terrorism: A Religious War? Http://www. strategicstudiesinstitute. Army. Mil/peddles/PUB. PDF). This is what we do know, we are at war. There is no doubt with whom we are at war or why. I suppose in actuality we are no more vulnerable than we have always been. It is Just now the perception that the threat has actually reached us state side was an eye opener. Greater attention to our interior security has been made. It is said that with all of the strides that the U. S. And its global partners have made in capturing Bin Laden and taking down his generals it is still not enough. The analysts speculate that the terror networks are ever expanding. Moreover, as we exert our will around the globe we may be in fact be making new enemies and growing sympathizers to Islamic ideology. It is next to impossible to safeguard against every eventuality especially when you cannot detect every perceived threat. Research has shown that this Jihad or Holy War with Al-Qaeda’ has been in effect for more than four decades. So it stands to reason that there may be sleeper cells within our borders placed strategically in our midst waiting to be called upon to carry out some horrific plan of attack. This person may be one of the most unassuming individuals you will ever meet. You might even call him or her a friend, which is why our defense strategy must be ever changing. Conclusion One thing is for certain, this is a war that we will probably be waging until the end of time. It is assured that our security will get better as our technology gets better. It has been avowed that the United States will do everything in its power to put an end to terrorism. The President declared that our resolve will never wane. Our civil liberties have already been diminished in efforts to detect dissenters. We often hear of new attempts of law makers to challenge constitutional laws which would make it much easier to detect terrorist or illegal activity in general. Most Americans will not bobby against these things if they are perceived to keep them safe. Where the problem lies is anything that weakens our constitutional rights pushes us more and more too police state of being. Will we become prisoners in our own land? Some say that we already are. You can bet that as our security becomes increasing sophisticated so will the enemies’ efforts to thwart them. How to cite Religious Freedom and the Great American Melting Pot, Papers

Breach of contract free essay sample

Can be some cross over – e.g burglar commits tort of trespass and the crime. What is a Contract Legally binding agreement Must have -: -Offer -Acceptance -Consideration (unless contract is in the form of a deed) -is what one party promises to do in return for the other party’s promise -Contractual intention -The parties must intend their promises to be legally binding Similarities between tort and contract -Both civil claims which will be brought in the county court or High Court depending on the value of the claim. -Claimants in actions for breach of contract and in tort will usually damages as the principal remedy -The principal functions of the laws are identical – to compensate the claimant for the wrong doing Differences between tort and contract -In contract the parties obligations are fixed by the terms of the contract but in tort, on the other hand judge made rules dictate whether the defendant’s wrongdoing constitutes a tort -In contract there has to be a contractual relationship between a claimant and a defendant before an action  for breach of contract can be brought. We will write a custom essay sample on Breach of contract or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In tort, the scope of liability is much wider.Obligations in tort are owed to the world at large -Obligations in contract are voluntarily entered into – obligations in tort are imposed on a defendant. -The function of damages is different – in tort – puts the claimant in the position he would have been had the tort not been committed, in contract – the position he would have been in had the contract been performed. Potential Claims in tort and contract -Can be done – but will only be awarded damages once. C: FUNCTIONS OF THE LAWS OF CONTRACT AND TORT CONTRACT Compensation Deterrence Consumer Protection Provides a framework in which businesses operate TORT Remedies – damages and/or injunction Compensation Deterrence Justice Vindication of Rights D: RESTITUTION Restitutionary remedies do not focus on providing compensation for the loss suffered – the purpose is to reverse an unjust enrichment made by the defendant at the claimant’s expense. E: BURDEN AND STANDARD OF PROOF The burden of proof lies with the claimant The burden of defence lies with the defendant Standards of proof = balance of probabilities