Tort and Contract Law Essay

1357 Words 6 Pages
Civil Law is a branch of law that matters itself with disputes that involve private parties, or negligent acts that cause harm to others. This is in contrast to criminal law which is invoked for the public purpose. Under civil law, there are remedial awards unlike in criminal law which is punitive in nature. These remedies can either be under tort or contract law.
To understand the civil liabilities and or remedies demanded between Andy, Sam and Bob, this can only do so if there is an appreciation of the existence of a contract between them. For this to be envisaged, then the requirements of a contract must be manifested. For a contract to be envisaged it must be mutually accepted by both parties and the manifestation of the principle of
…show more content…
He would proof this by the statement made by Bob that the vehicle had gone for only 10,000 miles while it had actually done 100,000. Also he had indicated that the gear box was new whilst it was in fact due for replacement as was discovered by Maryam. To this end he can claim restitution. To this end as was held in Attorney General v. Blake, he would be seeking to be compensated to the point of as if the contract had not been initiated in the first place.
In his claim for damages, he can hold HOTMOTORS liable for Bob’s misrepresentation. With reference to Lister v. Hesley Hall Ltd he can make claims upon the rules of vicarious liability, HOTMOTORS is thus liable for the acts of its agents, in this case Bob.
Bob can defend himself under contract law and claim that the misrepresentation was innocent. He can claim that he at all times believed the car had done 10,000 miles as was indicated by the mileage meter. He can also defend himself and claim that he was a sales person and a mechanic like Maryam so under his inexperienced inspection he had reason to believe that the gearbox was new.
An invitation to treat cannot however amount to a contract as was upheld in the case Partridge v, Crittenden, where the mere offering for sale of bramblefinch cocks and hens via a newspaper advertisement, was held to be an invitation to treat and constituted not an offer. To this end, Bob can claim that the vehicles on display did

More about Tort and Contract Law Essay