By Paul Richards
Richards offers a transparent remedy of the rules of the legislation of agreement, with a selective presentation of key subject matters, defined and analysed at a suitable intensity for undergraduate study.
content material: Preface desk of circumstances desk of statutes half I: THE FORMATION OF a freelance 1. The Evolution and Definition of the fashionable agreement 2. the very fact of contract three. attention four. purpose to Create criminal kinfolk five. skill 6. Formalities half II: THE CONTENTS OF THE agreement 7. The phrases of the agreement eight. Exemption Clauses half III: elements THAT VITIATE a freelance nine. Misrepresentation 10. Mistake eleven. Duress, Undue impression and Inequality of Bargaining strength 12. Illegality half IV: DISCHARGE OF CONTRACTS thirteen. Discharge via functionality and Breach 14. Discharge by means of contract 15. Discharge by way of Frustration half V: treatments FOR BREACH OF agreement sixteen. the typical legislation treatment of Damages 17. Equitable treatments and drawback of activities 18. Quasi-Contract half VI: THE RIGHTS AND LIABILITIES OF 3rd events TO THE agreement 19. privateness of agreement 20. business enterprise 21. project of Contractual Rights Index
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Additional resources for Law of contract
There is a clear need for some degree of evidence of the fact of agreement, otherwise there would be great uncertainty when one attempts to reconcile the theoretical basis of the law of contract with the actual intentions of the parties. An individual could escape their obligations merely by stating that they had no intention of being bound by any agreement. The courts thus require some outward objective evidence of the existence of an agreement. Any subjective element is subordinate to the objective one and is, to a large degree, of no consequence except where it corresponds with the intentions of the parties as ascertained by objective means.
The modern era then became one of protectionism and a subsequent decline in the freedom of contract caused by the fettering of negotiating discretion. This decline was only partial and in many aspects of business freedom still persisted, particularly in the manufacturing industry. The new protectionism evolved in three ways, all of which often interacted with each other. Social protectionism The Industrial Revolution, culminating in the 1880s, the ‘golden age’ of Britain’s economic and industrial transformation, produced a society dependent on earning a living since the population now became centred around major areas of industrial activity.
Those torts that did not evolve in this way went on to form the basis of the criminal law. Among the torts that evolved at this time was an action in which the plaintiff alleged that the defendant had entered an informal agreement with them and then by a defective performance caused the plaintiff some damage. One particular anomaly in this early trespass on the case, known as ‘assumpsit’, was that it lay only for a misfeasance, that is performing one’s obligations badly, rather than a nonfeasance, that is not performing one’s obligations at all, though this restriction was removed after Thoroughgood’s case (1584) 2 Co.