Law of Tort

Task 01

(i) What is a contract?

A contract is like a promise between people. It is an understanding, a deal between two or more people or organizations to do certain things. Each person or organization who agrees to do something in a contract is called a party. An agreement, or a contract, says what you and the other person or organizations have agreed to do. It is a written list of the promises you have made. The best form of contract is written on paper and signed by each party.

Some examples of contracts include:

* Entry forms: when you enter your work into an exhibition, festival or competition

* Consent / Release forms: when someone wants your permission to show images of you or your work in public

* Gallery agreements and publishing licenses: when showing work in a gallery, or if your work is published

* Funding agreements: when you receive funding

* Studio agreements: when working in a supported studio or a program run by an organization

General agreements can be categorize as follows.

Agreements

Domestic Agreement Commercial agreement

Normally commercial agreement can be enforced by the law. But domestic agreement cannot be enforced by the law. So we can define a contract as follows.

Domestic Agreement

The leading case in this category is Balfour v Balfour. This involved an agreement between a husband and wife, resulting from her inability (due to illness) to return with him to his place of work, in Ceylon. He agreed to pay her 30 pounds per month while they were apart. Later, the marriage broke up and the wife sued the husband for his failure to make the promised payments. The Court of Appeal held that her action must fail. Two members of the court centred their decision on the lack of any consideration supplied by the wife. Atkin JL, however, stressed that even if there were consideration, domestic...