TORT: Causation - The claimant must show a causal link between the loss he has suffered and the defendant's wrong, and if the claimant has contributed to the occurrence of that loss, his damages might be reduced (contributory negligence) or even extinguished completely. Causation is the link between fault and damage.
CONTRACT: Consideration - "Consists of some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other"; as such, consideration may be a benefit or detriment, it must be given in return for the promise, and although it must be real, it does not need to be adequate (i.e. £5 for a Lamborghini is adequate consideration).
---:: a simple dictionary of legal terminology and relevant cases ::---
09/10/2008
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment