The Law Of Obligation Is A Private Law - 1672 Words

Introduction Throughout history, the law of obligation has held such prodigious value in the face of private law. Being the heart of both Contract and Tort law, it is a pervasive phenomenon of our social life. Both Tort and Contract law protect the rights, and ‘that protection cannot be legitimately compromised to achieve the aim of just distributing’ . This proposition may be true in the late 19th century, in the present time, however, the law of obligation has been ‘built on the law of its predecessors, manipulating it so as to avoid its more inconvenient consequences and adapting it piecemeal to social and economic changes’ . Accordingly, in response to the question, this paper is going to discuss that the law of obligation is a private law that embodies broader questions of social-political and economic justice and personal responsibility that regulates socio-political conduct to serve justice. In addressing this question, the discussion will be apportioned in three profound headings outlining foremost, the role of justice in the basic structure of society and more specifically the principles of social justice in private law. Followed by an observation of Tort and Contract law as part of the basic structure of social justice. It will conclude that the law of obligation, in particular Contract and Tort law performs an ‘important function in creating and maintaining background justice by creating a framework within without having to consider the distributive effect ofShow MoreRelatedContract Law944 Words   |  4 Pageslegally binding:the law provides a remedy in the event that the promise is not fulfilled. Bylaw, certain types of contracts must be in writing, but oral contracts are valid in many situations. An oral contract may be held to exist even in the absence of agreement as to all its terms. 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