Before the formation of a contract certain steps must

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Before the formation of a contract, certain steps must be taken to ensure a real contact has been made. At which the first step is an offer, in which there is an offeree and an offeror. Once the offer and acceptance has been made, an agreement is needed for a contract to be formed. (Martin-smith v Williams (1998) states that if the two parties reach accord by means of offer and acceptance, then they should be treated as contractually bound to each other. Once drawn up, consideration must take place between the two parties before the contract is formed. According to (McKendrick, 2015) consideration is based on an exchange of promises, in which they must each receive a benefit and suffer a detriment and it must be something of value in the eyes of the law. For the case of (Thomas v Thomas (1842) 2 QB 851 a contract was formed to allow Mr Thomas’s wife to live there for £1, at which at a later date they tried to dispossess her. But the £1 was accepted to be a good consideration, even though it was not economically adequate. This case was seen as something of value so was therefore accepted. The last and key element to the formation of a contract is the intention to create legal relations, which is where both parties agree to enter into a legally binding agreement. ((McKendrick, 2015) On the other hand, tortious law is different as there is no formation as an offer an acceptance is not required but there are several torts that can be committed, the main ones being tort of nuisance, of defamation, of trespass to land, off passing-off and tort of negligence. In which (Giliker and Beckwith, 2014) say negligence is the breach of a legal duty to take care, which results in some type of damage. This is what distinguishes tort law from contract law.
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How does a breach Occur? When a contract has been formed there are four ways in which it can come to an end. By agreement, the parties can choose to discharge their obligations or a condition/ substitute in the contract. By performance, where a party does not carry out their obligation under the contact (Bolton v Mahadeva 1972). By breach. One party fails to perform their side of the contract, as in the case of (Hochster v De La Tour 1853). Therefore, an anticipatory breach can be taken to court before the actual breach takes place. Lastly by frustration. This occurs where an event taken place after the formation, makes the contact impossible to perform. In which (krell v Henry, 1903) a flat was hired in anticipation for the viewing of the coronation, which was then cancelled, and full payment not made. Due to frustration the claimant was unsuccessful as the cancelation of the procession took away its usefulness. A tort is once again not a contract, so it can therefore not be closed, but for a tort to be accepted a claimant must first be able to prove that the defendant owed him a duty of care.
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