ABSTRACT
Developments in the law, such as the expansion of the tort of negligence, and the emergence of the doctrine of promissory estoppel, and the increasing recognition of "Restitution" as a branch of the law, have all served to bring the question to the forefront of attention. This chapter examines the question in three sections. First, it looks at whether the division between contract, tort and restitution is a satisfactory division of the present law of obligations. Second, the chapter examines whether the division between contract, tort and restitution is a satisfactory division in terms of policy. And third, it draws on the views expressed in the preceding sections to challenge the arguments of Professor Atiyah. The argument advanced is that the division between contract, tort and restitution is a satisfactory division of the present law of obligations; because it separates at least most of the law based on each of the three most important principles in the law of obligations.
