Fault in Contract law
In contract law, a fault refers to a breach of the terms and conditions agreed upon in a contract. It can occur when one party fails to fulfill their obligations, leading to legal consequences. Fault can be categorized as either a material breach, which goes to the core of the contract, or a minor breach, which is less significant and may not warrant legal action.
3 Key excerpts on "Fault in Contract law"
- Jean-Sébastien Borghetti, Simon Whittaker, Jean-Sébastien Borghetti, Simon Whittaker(Authors)
- 2019(Publication Date)
- Hart Publishing(Publisher)
...If fault is itself conceived in a limited way, can we still speak of a general principle of liability according to which all harms are treated in the same way? 7 If we do not know the boundaries of fault, how do we know, in the final reckoning, how much value to place on article 1241? The definition of fault is therefore of great interest and this interest can only be increased by its analysis through the prism of comparative law, and especially of English law. It might seem strange to say this, because it is clear that fault is not a very commonly used concept in English law. 8 The explanation is probably to be found in the origins of the law of tort, which derives directly from the procedural system of writs. To bring an action, it used to be necessary to obtain a writ from the Lord Chancellor and the number of these writs was limited, with each having its own requirements of both form and substance. Over time, the writs were given names and thus different situations of liability, different ‘torts’, came into being. 9 Today, there are dozens of them, each with its own regime and aimed at the protection of a particular interest. 10 This explosion of civil liability by means of a multitude of individual wrongs makes it impossible to find a single concept of fault as a condition for recovery of compensation. Looked at more closely, it can be seen more as a justification for imposing liability. 11 One qualification on this general picture must be made, however, owing to the tort of negligence, which experienced tremendous growth during the twentieth century, and where liability is based on ‘breach of a duty of care’. This is reminiscent of the fault with which French lawyers are familiar – and it makes comparison less difficult. This is good, because the comparison is quite fruitful...
eBook - ePub- Kenny Chin(Author)
- 2014(Publication Date)
- Routledge-Cavendish(Publisher)
...Such defences will be discussed in the sections regarding the relevant torts. Negligence Negligence in a general sense could mean carelessness causing personal injury, damage to property or financial losses. Contractual obligations have been well established. Students will note that most contract law cases date back to the 19th century. The duty of care in negligence is a relatively new concept. Since the classic case of Donoghue v Stevenson (1932), the courts recognise that citizens living amongst each other have a legal duty to take care when they go about their business and to avoid causing harm to others. There is a standard of care we should take and if we fall foul of this generally accepted standard (that is, breach of the duty) and cause damage to another then we are liable to pay compensation. This concept of duty of care is not very different from that of obligation arising from an agreement. Maybe we can say that the courts have ‘stolen’ the idea in contract to be used in tort. As mentioned in earlier sections, tort requires fault and harm. The fault elements in negligence are the duty of care and a breach of that duty. A successful claimant in negligence must therefore prove three things: (a) that the defendant owes him a duty of care; (b) that the defendant has breached that duty (that is, fallen foul of the standard of care); (c) that he has suffered damage caused by the breach and are not too remote. Duty of care Before the case of Donoghue v Stevenson (1932), it was difficult to claim compensation in a civil court without relying on a contract or on other established tort like nuisance and trespass. Mrs Donoghue’s friend bought her a bottle of ginger beer and after she drank it she discovered the remnants of a decomposing snail in the bottle. She was ill afterwards. Mrs Donoghue had not bought the beer, so she was not a party to the contract and, therefore, could not sue the manufacturer under contract. She sued for negligence...
eBook - ePubConstruction Contracts
Law and Management
- Will Hughes, Ronan Champion, John Murdoch(Authors)
- 2015(Publication Date)
- Routledge(Publisher)
...10 Liability in contract and tort Where a contract has been properly made, in terms of the criteria laid out in the previous Chapter, it then becomes necessary to identify precisely what obligations it imposes on the parties – that is to say, what terms it includes. This is because where any party fails without lawful excuse to perform fully and exactly a contractual obligation, that party is guilty of a breach of contract. In considering this question, what emerges is that there are three types of contractual term: those express terms which are contained in the main contractual document itself; those (also express terms) contained in other documents to which the main contract document refers; and those terms which are implied by law. In addition to those obligations created by a contract, a party may incur legal liability under the law of tort. The most important example of this type of liability is that based on negligence. 10.1 EXPRESS TERMS 10.1.1 Terms and representations Since English law does not as a general rule require a contract to be made in any particular form (see Section 9.2.6), it is in principle possible for the parties’ agreement to be spread over a number of documents, and even to include oral statements. Even where the parties have eventually signed a document described as ‘the contract’, it is open to a court to decide that this document does not paint a complete picture, and that the true contract consists of that document plus other terms. However, a court will not be quick to do this, for there is a presumption that a written document that appears to contain all the terms of a contract in fact does so. The result of these principles of contract law is the creation of some uncertainty regarding the status of a statement or promise made by one party to the other during the course of negotiations leading to the signing of a formal contract...
