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CP01-5752 "Liability for breach of contract is distinguished from liability in tort in that: i) the duties are primarily fixed by law, while on contract they are fixed by the parties themselves; and ii) in tort the duty is towards persons generally while in contract is towards a specific person or persons" (Winfield). Discuss. Is it still viable today to maintain a distinction between contract law and tort? A difficulty lies in locating the law of contract within the spectrum of civil obligations. Contract law is in essence based upon the expectation of a binding promise between individuals, on the basis that these expectations should be fulfilled. Conversely, tort law reflects the principle that a person should be redressed for harm wrongfully inflicted upon them. Current law maintains a distinction between tort and contract as being separate entities with their own criteria, procedures and remedies, although recent case law and statutory...

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