This document provides an overview of contract law and tort law. It defines contract law as a legally binding agreement between two or more parties that creates rights and obligations. The fundamental elements of a contract are identified as offer, acceptance, consideration, intention to create legal relations, and capacity to contract. Tort law is defined as civil wrongs or behaviors that entitle a claimant to a remedy. Examples of torts covered include negligence, nuisance, trespass, and defamation. Negligence is specifically discussed and defined as the breach of a duty of care that results in undesired harm. The elements required to prove negligence in a breach of duty case are also outlined.

1. 1
Learning Outcome 1
Marine Law
Lesson 4
HNC Nautical Science
Marine Law & Management
Recap
• Explain the court system in England
• List the level of convictions in criminal law
• Identify the £50,000 & £250,000 penalties
within the maritime industry.
• Explain the civil law system
• Explain the difference between pecuniary
and non-pecuniary losses
Aim
• To introduce contract law & the law of torts to
the students

2. 2
Objectives
By the end of the session the student will be able
to:
• Define contract law
• Explain the fundamental elements of a contract
• Define law of torts
• State the torts which exist
• Define negligence
What is a contract?
Contract Law
A contract may be defined as “A legally binding
agreement, made between two or more
persons, by which rights are acquired, by one or
more, to acts or forbearances on the part of the
other or others.”

3. 3
Contract Law
A contract is made where the parties have
reached an agreement. It is a special kind of
agreement, because it carries with it the right to
claim help from a law court if it is not carried
out. There are many types of contract but our
concern is with a simple contract.
When did you last enter into a contract?
Fundamental Elements
OFFER
• An intimation, by words or conduct of a
willingness to enter into a legally binding
contract.
• A statement of fact made merely to supply
information cannot be treated as an offer.
ACCEPTANCE
• There must be a valid offer, which must be
clear, complete and final.
Fundamental Elements
CONSIDERATION
• A valuable consideration, in the sense of the
law, may consist in some right, interest, profit,
or benefit accruing to the one party, or some
forbearance, detriment, loss or responsibility
given, suffered or undertaken by the other

4. 4
Fundamental Elements
INTENTION TO CREATE LEGAL RELATIONS
• If an agreement is to be treated as a contract, it is
essential that the parties to it have intended to
enter into a legally binding relationship.
CAPACITY TO CONTRACT
• The law limits the capacity of certain persons to
bind themselves by a promise, or to enforce a
promise made to them: Minors, corporations,
mentally disordered and drunken persons.
Fundamental Elements
MISREPRESENTATION
• It means a false statement of fact made by
one party to another party, which has the
effect of inducing that party into the
contract.
• Fraudulent misrepresentation occurs when
one makes representation with intent to
deceive and with the knowledge that it is
false.
Misrepresentation cont.
• Innocent misrepresentation occurs when the
representor had reasonable grounds for
believing that his or her false statement was
true.

5. 5
What is law of torts?
Law of Torts
What is a law of tort?
“Tort” is in fact a Norman-French for “harm” or
“wrong”.
Law of civil wrongs - behaviour that is legally
classified as “wrong” or “tortious”, so as to
entitle the claimant to a remedy
Tort determines who bears the loss which
results from the defendant’s actions
Interest Protected by Tort
• Personal harm
• Harm to property
• Harm to reputation
• Harm to financial interests
• Harm to the due process of law

6. 6
Torts
• Negligence: Duty of Care
• Negligence: Economic
Loss
• Negligence: Psychiatric
Illness
• Negligence: Breach of
Duty
• Causation and
Remoteness
• Employers’ Liability
• Occupiers’ Liability
• Defective Products
• Nuisance : Private
• Nuisance: Public
• Trespass
• Defamation – Libel &
Slander
Tort of Negligence
What is negligence?
“....the breach of a legal duty to take care which
results in damage, undesired by the defendant,
to the plaintiff”
Rogers, Winfield and Jolowicz on Tort (15th ed.,
1998) p. 90
Negligence: Breach of Duty
“Negligence is the omission to do something
which a reasonable man, guided upon those
considerations which ordinarily regulate the
conduct of human affairs, would do, or doing
something which a prudent and reasonable man
would not do.”
Alderson B. In Blyth v. Birmingham Waterworks
Co. 1856

7. 7
The Snail.....
"You must take reasonable care to avoid acts
or omissions which you can reasonably
foresee would be likely to injure your
neighbour"
Lord Atkin - Donoghue v Stevenson (1932)
Breach of Duty of Care
The breach of the duty of care
To win the plaintiff must prove:
1. There was a duty of care.
2. The duty was breached.
3. The breech caused the harm/loss
Question
Can an individual be prosecuted both by
criminal and civil law?

8. 8
Discussion
OJ Simpson
Team Quiz
What is the definition of contract law?
What are the fundamental elements of a
contract?
What is the definition of the law of torts?
State 5 torts which exist?
What is the definition of negligence?
What 3 things must a plaintiff prove in a breach
of duty of care case?
What is the definition of contract law?
"A legally binding agreement, made between
two or more persons, by which rights are
acquired, by one or more, to acts or
forbearances on the part of the other or others.“

9. 9
What are the fundamental elements of
a contract?
Offer
Acceptance
Consideration
Intention to create legal relations
Capacity to contract
Misrepresentation
What is the definition of the law of
torts?
Law of civil wrongs - behaviour that is legally
classified as “wrong” or “tortious”, so as to
entitle the claimant to a remedy
State 5 torts which exist
• Negligence: Duty of
Care
• Negligence: Economic
Loss
• Negligence: Psychiatric
Illness
• Negligence: Breach of
Duty
• Causation and
Remoteness
• Employers’ Liability
• Occupiers’ Liability
• Defective Products
• Nuisance : Private
• Nuisance: Public
• Trespass
• Defamation – Libel &
Slander

10. 10
Definition of negligence
“....the breach of a legal duty to take care which
results in damage, undesired by the defendant,
to the plaintiff”
What 3 things must a plaintiff prove in
a breach of duty of care case?
1. There was a duty of care.
2. The duty was breached.
3. The breech caused the harm/loss
Can you?
• Define contract law
• Explain the fundamental elements of a
contract
• Define law of torts
• State the torts which exist
• Define negligence

11. 11
Next Lesson
International Law