The Law Of Obligation And The Criminal Law

1697 WordsDec 12, 20157 Pages
The English system law has been described as a common law rather than a civil law system. To begin with, there is a significant difference between the civil and criminal law. On the one hand, the purpose of the civil law will be to settle disputes between private’s parties. On the other hand, criminal law is the body of law that punish criminal offenses and protect the innocent. In order to complete our essay, we will first focus on the fact that a link clearly exists between tort and contract law. The law of tort and contract are part of the “law of obligations”. They are indeed similar in nature, but, a sharp distinction can’t be denied, while obligations in contract law are set by the parties themselves, obligations in tort are set by the law. The law of obligation is a branch of the civil law legal system. Hence the idea, that similarities and differences can be demonstrate between the law of obligation and the criminal law. Firstly, both contract and tort law are both delimited by obligations and usually deal with a duty that has been breached. Liabilities are part of the civil liability responsibility. The nature of obligation in a contractual relationship is established by the terms of the contract. The parties must respect their duties or liabilities arising out of the obligation undertaken by the contract. A breach of contract is a breach of a legal obligation. In tort law, the nature of the obligation is not agreed between the parties, but arises by virtue

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