THE LAW OF OBLIGATIONS

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THE LAW OF OBLIGATIONS Based on
consent Created by general law Contractual
liability Non-contractual liability
THE LAW OF TORTS
THE LAW OF RESTITUTION
THE LAW OF CONTRACTS
Deals with the obligation to pay benefits
received where there has been no contract to pay
for them
Deals with civil injuries and wrongs
Deals with self-imposed or contractual obligations
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• DEFINITIONS
• A contract is a legally enforceable promise.
• A contract is an agreement between two or more
  persons, which
• creates rights and obligations enforceable in
  the courts.

• A contract is an agreement between two or more
  persons which creates an obligation to do or
  not to do a particular thing (Blacks
  Dictionary)
• A contract is an agreement giving rise to
  obligations which are enforced or recognized by
  law (Treitel)
• A contract is an agreement which is legally
  enforceable or legally recognized as creating a
  duty (Atiyah)
• A contract is a promise or set of promises for
  the breach of which the law gives a remedy, or
  the performance of which the law in some way
  recognizes as a duty (Restatement of the Law of
  Contracts (also cited by Anson))
• A contract is a promise or a set of promises
  which the law will enforce (Pollock)

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ELEMENTS OF CONTRACTS
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CLASSIFICATION OF CONTRACTS