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新西兰奥塔哥理工学院论文代写:侵权的创建

最明显的区别可以发现当考虑合同和侵权的创建对当事人的义务。在合同中,当事人创建义务的条款和条件。那里已经违反合同责任只能存在当事人明示或默示条款的约定。然而,侵权责任或义务是由法律和可能出现没有任何协议或由当事人同意。这种区别并不是完全正确的在所有情况下,例如,合同的货物销售是由1979年货物销售行为,因此这将有条件隐含在合同对当事人不管这些预期。同样在侵权行为在某些情况下,当事人被认为选择在人际关系中,因此并不完全由法律的义务。这些情况包括:雇主责任,占领者的责任和产品责任。合同和侵权有不同目的的损害奖。赔偿合同寻求把申请人一样,他会在如果合同义务已经完成了。因此被告承担不履行原告的期望从合同中受益。”[1]然而在侵权法律寻求恢复原告的侵权情况前的时间承诺。再次,这种区别也有例外,因为一些侵权行为可以提供一个保护预期的损失。特别是,侵权行为对人身伤害可以带来未来收益的损失索赔。另一个合同和侵权的区别是,在合同中,关税只欠合同双方(除合同(第三方权利)法案1999)而在一般侵权责任欠。

新西兰奥塔哥理工学院论文代写:侵权的创建

The most obvious distinction between contract and tort can be found when considering the creation of the obligations on the parties. In contract, the parties create the obligations by way of terms and conditions. Contractual liability can only exist where there has been breach of an express or implied term agreed by the parties involved. However, tort obligations or duties are created by law and can arise in the absence of any agreement or consent by the parties. This distinction is not completely true in all cases, for example, a contract for the Sale of Goods is governed by the Sale of Goods Act 1979, and as a result of this there will be conditions implied into the contract imposed on the parties regardless of whether or not these have been anticipated. Similarly in tort there are certain situations where the parties are considered to have opted into a relationship and therefore the duties are not entirely imposed by law. These situations include; employers’ liability, occupier’s liability and product liability.Both contract and tort have very different purposes in respect of the award for damages. The damages for contract seek to put the claimant in the same position as he would be in if the contractual obligations had been carried out. The defendant is therefore liable for not ‘fulfilling the claimant’s expectation of benefit from the contract.’[1]However in tort the law seeks to restore the claimant’s situation to that of before the time when the tort had been committed. Again, there are exceptions to this distinction since some torts can provide a protection for loss of expectation. In particular, a tort action in respect of personal injury can bring about a claim for loss of future earnings. Another difference between contract and tort is that in contract, duties are owed only to the parties to the contract (with the exception of the Contracts (Rights of Third Parties) Act 1999) whereas in tort the duties are owed generally.

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