Reasons for Contract Law Disputes:

Contract disputes arise when:

1. Any Fraud is conducted.
2. Parties do not comply with the agreements made while making a contract.
3. Quality of goods and services is poor
4. Late delivery of purchased goods
5. Dispute arises in terms of warranty
6. Insurance claims are being rejected.
7. Any mistakes and errors that occurred in the contract
8. Disputes related to employment
9. Disagreements concerning the technical terms.
10. Contractual reviews

Different kinds of Breach of Contract:

In simple terms, a contract dispute is a disagreement between two or more parties that arises due to a breach of contract. A commercial contract can be breached in a number of ways:

• Actual Breach – This is where the breach has already occurred due to one party failing to meet their obligations
• Anticipatory Breach – This is where a breach is yet to have occurred but it is evident that one party will not meet their obligations
• Material Breach – This occurs when one party receives less benefit than set in the terms of the contract
• Minor Breach – This occurs when a party receives the benefit set out in the contract but the other party has failed to fully meet their obligations in some way, causing losses
• Repudiatory Breach – This is a serious breach that deprives the innocent party of their benefit and gives them the right to end the contract.

DUTY OF CARE

Duty of care is central to any tort law claim. It refers to the role of the accused party to have a responsibility to the care of the other person. If this duty is breached, resulting in some kind of injury or harm, a tort is committed. In law, a duty of care is established through the use of the Caparo test – initially set down by Caparo vs Dickman. The Caparo test consists of three stages:

1. Reasonable Foreseeability – the court will consider whether a normal person in the defendant's position would have been able to foresee the risk of the damage or harm occurring.
2. Proximity – the court will then look at the relationship between the two parties. This will normally be relationships such as doctor and patient, employer and employee, or solicitor and client.
3. Justice and Reasonableness – the court will decide whether they believe it to be fair, just, and reasonable to bring the claim.

It is important to note, however, that there can occasionally be cases when a duty of care is not necessarily established through the Caparo test –such as psychiatric injury or pure economic loss, for example.

NEGLIGENCE

In tort law, a situation is termed negligence when the person who should be providing a duty of care fails to do this. Three factors must be proved to establish a case of negligence:

1. That the defendant had a duty of care in the situation
2. That this duty of care was breached by the defendant
3. That the breach of duty of care caused harm or damage

PERSONAL INJURY

A personal injury case is one that involves a claim for compensation when personal injury has occurred. This can cover a range of accidents including those that have happened at work, home, or in a public space.

STRICT LIABILITY

In the world of tort law, strict liability is when a party is found to be liable without the need for finding them to be negligent or with intent. This means that someone could be liable due to the fact that they have put themselves into that situation – for example, if they have become a dangerous animal owner. It is also known as 'absolute liability'.

NUISANCE

In tort law, there are two situations that can be classNameified under nuisance – public and private. Public nuisance refers to a situation whereby an individual causes unreasonable interference with a group of people's land or enjoyment of the land. In a private nuisance case, the individual has caused unreasonable interference with a private individual's land or enjoyment of their land (as opposed to a group of people).

DAMAGES

In tort law, the term 'damages' refers to the money that a Claimant is awarded that is required to return them back to where they were before the tort. This also includes compensation for loss as a result of the wrong-doing.

In tort law, damages can be classNameified in several different ways, including:

• General damages – these are awarded for emotional distress, pain, and suffering and loss of amenity.
• Aggravated damages – these are awarded if the court has decided that the tort was malicious, to compensate for mental distress.
• Exemplary/punitive damages – these are awarded if the court decides that an example needs to be made of the defendant. This is normally reserved for very serious cases.

CIVIL WRONG

A civil wrong is an umbrella term for several different causes of action under the law. They can include torts, breaches of trust, and breaches of contract, and will ultimately mean that somebody has suffered either loss or some sort of harm.

Liability is created against the person who has committed the wrong when a loss or harm is shown through a breach of duty of care and causation.

CAUSATION

In tort law, proof of causation is required to be able to create liability. It is created by asking the question - "if it was not for the defendant's action, would the harm have occurred?" If the answer to this question is 'no' - directly or indirectly, then causation is made.

• Boundary Disputes: These disputes involve disagreements about property lines, boundaries, fences, hedges, or walls. They can arise when neighbours have different interpretations of property boundaries, which can lead to conflicts over land use and maintenance.
• Landlord-Tenant Disputes: These disputes arise between landlords and tenants over various matters, such as rent increases, security deposits, repairs and maintenance, eviction proceedings, or the condition of the property.
• Nuisance and Noise Complaints: These disputes typically involve issues related to noise disturbances, obnoxious odours, or other nuisances caused by neighbouring properties. They can result in complaints and legal actions to mitigate or resolve the disturbances.
• Property Damage: Conflicts may arise when one party causes damage to another's property, intentionally or negligently. This includes damage to structures, landscaping, or personal belongings.
• Easements and Rights of Way: Easement disputes occur when one party has a legal right to use or access another party's property for a specific purpose, such as crossing a driveway. Conflicts can arise when the terms of these easements are disputed.
• Leasehold and Freehold Disputes: In the UK, many properties are leasehold, which means the homeowner doesn't own the land the property sits on. Disputes can occur over lease terms, service charges, and other matters. Freehold disputes can involve the ownership of the land itself.
• Planning and Development Disputes: These disputes are often related to planning permissions and development proposals. Neighbours or residents may object to construction plans or changes in land use, leading to legal disputes.
• Party Wall Disputes: Party wall agreements are needed when work is planned on or near a shared wall or boundary. Disputes can arise over the scope of work, compensation, or damage caused during construction.
• Covenants and Restrictions: Property covenants and restrictions, often specified in deeds or contracts, can lead to disputes if property owners violate these rules.
• Tenancy Agreements: Conflicts may arise between landlords and tenants over terms and conditions in the tenancy agreement, including rent, repairs, or the use of the property.
• Housing Disrepair Claims: Tenants may claim housing disrepair if a landlord fails to maintain the property in a safe and habitable condition, leading to disputes over repairs and compensation.