Law Student help please

PoochJD · 19-02-2006, 2:27 PM

Hi,

Pooch here. Could do with some help from any lawyers or law students. I'm struggling to write an essay on the links between Contract Law and Tort Law.

If anyone has any worthwhile cases, websites, or other info, please post it here, as I'm finding it really difficult to do. Thanks, in advance.

Pooch

**Steven** · 19-02-2006, 3:27 PM

Coincidentally, in my Thurs A Level law class, we did Misrepresentation, and learnt how there is some crossover between contract and tort. Google for it, and also the Misrep act 1967

Miyazaki · 19-02-2006, 3:30 PM

I thought law students just made up cases to put in essays?

Londondecca · 19-02-2006, 6:56 PM

Quote:

Originally Posted by Games Guru

I thought law students just made up cases to put in essays?

And that is the best bit about the European legisliation, you have a much wider pool of cases to quote (makeup?) as shown by Jankovishz -v- Shmidt (2004) and Ellezerton -v- Hommermon (2005)

Woodywizz · 19-02-2006, 7:26 PM

Have a look at the most celebrated of Tort cases - Donaghue v Stevenson; effectively established when negligence can arise. The HofLords stated that the "...manufacturer owed a duty of care to the ultimate consumer, even when there was no contract between them or with the retailer". IE, though there is no immediate contractual liability, there can still arise a tortious liability.

Further, a tortious claim is more advantageous financially than a contractual claim. Have a look at this explanation, regarding the main differences between Tort and Contract.

I knew that Masters in Law would come in handy one day.

krish · 19-02-2006, 7:49 PM

Quote:

Originally Posted by Games Guru

I thought law students just made up cases to put in essays?

and once qualified and practicing they make up a number, add a few noughts, and put it in their client's bill

Abbeygoo · 19-02-2006, 8:34 PM

Quote:

Originally Posted by woodywizz

Have a look at the most celebrated of Tort cases - Donaghue v Stevenson; effectively established when negligence can arise. The HofLords stated that the "...manufacturer owed a duty of care to the ultimate consumer, even when there was no contract between them or with the retailer". IE, though there is no immediate contractual liability, there can still arise a tortious liability.

Further, a tortious claim is more advantageous financially than a contractual claim. Have a look at this explanation, regarding the main differences between Tort and Contract.

I knew that Masters in Law would come in handy one day.

Can whoever that is who has kidnapped Woodywizz, please return him ..... he usually talks about nothing but HD

Goober11 · 19-02-2006, 10:15 PM

Quote:

Originally Posted by woodywizz

Have a look at the most celebrated of Tort cases - Donaghue v Stevenson; effectively established when negligence can arise. The HofLords stated that the "...manufacturer owed a duty of care to the ultimate consumer, even when there was no contract between them or with the retailer". IE, though there is no immediate contractual liability, there can still arise a tortious liability.

Further, a tortious claim is more advantageous financially than a contractual claim. Have a look at this explanation, regarding the main differences between Tort and Contract.

I knew that Masters in Law would come in handy one day.

I remember my law lecturer saying that D v S should have effectivley been argued under the law of agency rather than tort i.e. the person who bought the drink was the agent for the lady who suffered the gastric illness and therefore would have been able to pursue a contractual remedy - pure speculation though.

Good luck with the essay - glad I have finished the LLB now.

PoochJD · 20-02-2006, 2:42 PM

Hi Folks,

Thanks for the help! Was getting to the point of doing a

!

Pooch

Woodywizz · 20-02-2006, 6:29 PM

Quote:

Originally Posted by Abbeygoo

Can whoever that is who has kidnapped Woodywizz, please return him ..... he usually talks about nothing but HD

Sorry about that little lapse.....now, when will SkyHD be released?

ufitsy · 20-02-2006, 6:36 PM

Quote:

Originally Posted by woodywizz

Have a look at the most celebrated of Tort cases - Donaghue v Stevenson; effectively established when negligence can arise. The HofLords stated that the "...manufacturer owed a duty of care to the ultimate consumer, even when there was no contract between them or with the retailer". IE, though there is no immediate contractual liability, there can still arise a tortious liability.

Further, a tortious claim is more advantageous financially than a contractual claim. Have a look at this explanation, regarding the main differences between Tort and Contract.

I knew that Masters in Law would come in handy one day.

Does anyone know if it was a snail or a slug?

Woodywizz · 20-02-2006, 7:38 PM

From what I can remember it was a snail in a bottle of ginger beer - wonder how many slugs of the beer she had before she discovered the snail

Abbeygoo · 20-02-2006, 7:50 PM

Quote:

Originally Posted by woodywizz

From what I can remember it was a snail in a bottle of ginger beer - wonder how many slugs of the beer she had before she discovered the snail

A comedy genius at work, ladies and gentleman. Can anyone get him on at the Comedy Store?

Woodywizz · 20-02-2006, 8:43 PM

I am available for Bar Mitzvahs, Weddings and Christenings. You should see my standup routine about the importance of American jurisprudence in the 20th Century....timeless