2002•Unpublished venueRequires access

Liability in contract and tort

John Murdoch, Will Hughes

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Abstract

Assuming that a contract has been properly made, it becomes necessary to identify precisely what obligations it imposes on the parties – that is to say, what terms it includes. 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.

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What this paper is about

Assuming that a contract has been properly made, it becomes necessary to identify precisely what obligations it imposes on the parties – that is to say, what terms it includes. 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.

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Available abstract

Assuming that a contract has been properly made, it becomes necessary to identify precisely what obligations it imposes on the parties – that is to say, what terms it includes. 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.

Key concepts: Tort, Liability, Business, Law and economics, Actuarial science, Economics, Finance

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