UNIT 3

Relationship Between Contract Law and Other Areas of

Law
1.3.1 Objectives

At the end of this Unit you should be able to:

Explain the relationship between contract and tort, and contract and criminal
law.

1.3.2 Reading

Prescribed Reading:

Corrin Care pp 18-21.

Sue Farran and Jennifer Corrin Care Towards a pragmatic Approach to the
Contract or Tort Debate in the South Pacific JSPL 2000

Prescribed Cases:

Pacific Travel Service v Ali, unreported, Court of Appeal, Fiji, CAN

66/1973, 18 March 1974 (PLM)

Suruj Lal v Chand & Others (1983) 29 FLR 71 (PLM)

Semens v Continental Air Lines Inc (1985) 2 FSM Intrm 131 (PLM)

1.3.3 Contract, Tort and Criminal Law

It is dangerous to separate categories of law, and view them in isolation. In practice they
are often interlinked.

For example the same set of facts may allow a person to sue in tort as well as contract.

Example:

You take your car to the garage to be repaired, and enter into a binding contract.
They will repair the vehicle and you will pay them for the repair. Assume that they
do not repair the vehicle properly. You may sue in contract, for breach of the
contract to repair. You may also sue in tort if the work has been done negligently.
 Pause now to read the prescribed cases which concern the interaction between contract
and tort.

There may also be criminal law repercussions arising from certain facts.

Example:

Where a contract is void for illegality, the facts may render one or both of the parties liable
to prosecution.