to govern the relationship between the parties. Instead, some other aspect of the law may have to be invoked in order to resolve the issue. What this serves to illustrate is that the law of contract is not just about making contracts and that there are overlaps with other areas of law concerned with private law rights and obligations. Thus, where a contract fails, it may be the case that there has been a partial performance by one party which has conferred a benefit on the other. If the contract itself is unable to determine how this is to be paid for, it may be necessary to have recourse to restitutionary principles instead. Furthermore, other aspects of a wider law of civil obligations may impinge on the parties to a contract. For example, although the doctrine of privity of contract states that only the parties to a contract may sue and be sued on that contract, there is nothing to prevent the application of rules from another : A primary concern of contract law is the enforcement of promises and it is this concern which dominates the classical theory. The parties make an agreement by the process of offer and acceptance, under which a number of promises are exchanged. This model of the contractual relationship naturally emphasises the voluntary nature of the transaction. Each party to the contract freely

doi:10.4324/9781843141518-13

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to govern the relationship between the parties. Instead, some other aspect of the law may have to be invoked in order to resolve the issue. What this serves to illustrate is that the law of contract is not just about making contracts and that there are overlaps with other areas of law concerned with private law rights and obligations. Thus, where a contract fails, it may be the case that there has been a partial performance by one party which has conferred a benefit on the other. If the contract itself is unable to determine how this is to be paid for, it may be necessary to have recourse to restitutionary principles instead. Furthermore, other aspects of a wider law of civil obligations may impinge on the parties to a contract. For example, although the doctrine of privity of contract states that only the parties to a contract may sue and be sued on that contract, there is nothing to prevent the application of rules from another

ABSTRACT

Furthermore, other aspects of a wider law of civil obligations may impinge on the parties to a contract. For example, although the doctrine of privity of contract states that only the parties to a contract may sue and be sued on that contract,10 there is nothing to prevent the application of rules from another branch of the law of obligations, where appropriate. Thus, the parties to a contract may find that they are subject to principles established by the law of tort, such as the duty to take reasonable care when dealing with others whom you can foresee as likely to be affected by your acts or omissions. Accordingly, rules of the law of contract must not be taken in isolation, since there may be other relevant rules which affect the rights and obligations of the parties.