Odger's English Common Law

PRIVATE RIGHTS :
Chapter V.
RIGHTS AGAINST PERSONS.
Eights against persons are created by their own voluntary-
acts or omissions. The fact that one man possesses a right
imposes on another a duty not to violate that right. "A
violation of a legal right committed knowingly is a cause of
action." 1
If A. has entered into a contract with B., it is his
duty to perform his part of it ; if he does not do so, B. has a
good cause of action against him for such breach of contract.
Again, if A. violates any right possessed by B., or neglects his
duty to B. in a way which causes B. damage, A. has committed
an actionable wrong which lawyers call a tort, and for which
B. can recover damages by way of compensation. These are
civil obligations and are enforced by civil actions; neither
a tort nor a breach of contract is, as a rule, a crime, though in
some cases they may also give rise to criminal liability. 2
RIGHTS ARISING OUT OF CONTRACTS.
A contract is a bargain which the State will enforce.
The two essential elements of a bargain are
(i.) that both parties should mean, and agree to, the same
thing;
(ii.) that each should, by word or conduct, inform the
other that he or she does so agree.
But the State is not, as a rule, content with these two
essentials. It generally requires some additional element or
formality before it will recognise the bargain as a binding
contract. In some cases the State requires that the terms
of the bargain should be stated in writing, or that the
document should be stamped or registered somewhere, or
that there should be some consideration for the promise.
i Per Lord Maonaghten in Quinn v. Leathern, [1901] A. C. at p. 510.
2 See post, pp. 105—107.
B.CL.
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