Law of contract [electronic resource] by Paul Richards

By Paul Richards

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Extra resources for Law of contract [electronic resource]

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Ltd v Macaulay [1974] 1 WLR 1308; [1974] 3 All ER 616 329 362 Schuler A G v Wickman Machine Tool Sales Ltd [1974] AC 235; [1973] 2 WLR 683 162, 175 Scotson v Pegg (1861) 6 H & N 295 75 Scott v Avery (1856) 5 HL Cas 811 339 Scriven Bros and Co. v Hindley and Co. [1913] 3 KB 564 273–4, 284 Scruttons Ltd v Midland Silicones Ltd [1962] 1 All ER 1; [1962] 2 WLR 186; [1962] AC 446 185, 225, 510 –11, 513, 522, 526 Sealace Shipping Co. Ltd v Oceanvoice Ltd (The Alecos M ) [1991] 1 Lloyds Rep 120 433 Selectmove Ltd, Re [1995] 2 All ER 531; [1995] 1 WLR 474 74, 86, 87, 395 Selvanayagam v University of West Indies [1983] 1 WLR 585; [1983] 1 All ER 824 449 Shadwell v Shadwell (1860) 9 CBNS 159 74 Shanklin Pier Ltd v Detel Products Ltd [1951] 2 KB 854; [1951] 2 All ER 471 499 Sharneyford Supplies Ltd v Edge [1985] 1 All ER 976; [1985] 3 WLR 1 249, 255 TABLE OF CASES Shaw v Groom [1970] 2 QB 504; [1970] 2 WLR 299 334 Shearson Lehman Hutton Inc.

Their purpose here was to save time and expense since clearly in complex matters such as those indicated it would be commercially wasteful to have to sit down and negotiate each contract separately. A further purpose was to indicate where particular risks lay in carrying out the contract, so enabling a party to insure or guard against the risk becoming a loss. In contracts for export sales, for example, a strict free on board (or FOB) contract requires the seller to place the goods, at their own expense, on a ship nominated by the buyer.

This jurisdiction was termed the ‘law merchant’ and was often administered at local fairs, markets and ports. It was, however, the common law courts that evolved a more generalised jurisdiction. The evolution of contract began initially with forms of action based on covenant and debt, roughly equivalent to what we know today as contracts under seal and simple contracts. Under ‘covenant’ some agreements were regarded as so important that they were formalised in writing. In addition to this, and no doubt because of widespread illiteracy, the parties were required to acknowledge the written document by sealing it.

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