Tort And Contract Flashcards
What is tort?
A civil wrong
What is the case for tort?
Donoghue v Stevenson 1932
What did Lord Atkin say?
Love thy neighbour
Must take reasonable care to avoid acts or omissions which you can reasonably foresee and would be likely to injure your neighbour
What is a contract about?
Offer and acceptance
What is an offer
An expression of willingness to contract made with the intention that it shall become binding
What is the case regarding contracts
Fisher v Bell 1961
What is the case regarding counter offers?
Hyde v Wrench 1840
What is acceptance?
Unconditional consent offer and acceptance must match, must be communicated to offeror
what is the case regarding battle of forms?
Trebor Bassett Holdings v ADT fire and security plc (2011) EWHC 1936 TCC
What happened in trebor and bassets v ADT
First system didn’t work when there was a fire,
No contract was signed but they had started on site which means they accepted
What is consideration?
The price of the other party’s promise
What case did they state ‘must be sufficient but need not be adequate’
Carlill v Carbolic smoke ball co (1893)
What are some benefits of a contract
Provide detail to both parties of what is required
Understand laws and regulations
State was protection parties have
Act as evidence in a dispute
Ensure industry standards
Always agree first and then start works case?
RTS v Molkerei
What are 5 things a contract needs
Offer, Acceptance, consideration, intention and certain terms
Name two statutes
Health and Safety at work act 1974
Construction Regulations 2015
