“A Contract is an agreement giving rise to the obligation which are enforced or recognised by law”. The development of the rules and procedures set out in Contract Law is derived from the common law and statutes. Individual judge’s decisions on disputes, which grew over time, generated the ideas of what constituted as a contract. The view that English contract law is handicapped by the narrow range of backgrounds which judges are drawn; has been refuted here. This is due to the fact that English Contract rules set out through the formation, duress, illegality, capacity, frustrated contracts and remedies; which embark on representing society as a whole and especially on ordinary members of society. Judges in the English judiciary are …show more content…
Due to this the Lord Chancellor does not have the sole power in a judicial appointment, allowing an increase in the independence of appointments from ministerial involvement which provides appropriate balances of independence and accountability. Correspondingly, statistics show that the introduction of the JAC has been beneficial as before 2005 only 15.8% of judicial appointments were female and 2.5% ethnic minority. However, the view brought across that if “judges drawn from a wide range of backgrounds and life experiences will bring varying perspectives to bear on critical legal issues” is not significantly relevant as judges are not assumed to present or reflect their backgrounds in judgments however, only to interpret the law and reflect the facts given in court. Therefore, the Judicial System is moving to a reform of a more representative society, although, this change will allow diversity, but will have no real significance in the law of contract due to rules and principles are set out through the Common Law and Statutes have been seen to be beneficial to everyone in the society. A significant principle to consider when arguing that the contract rules does represent the ordinary people of society and not handicapped by the backgrounds of judges are drawn from is the formation of a Contract. Firstly, Offer and Acceptance; Corbin describes “offer is an act on the part of one person
The particular focus of this essay is on how terms are implied. This is central because the courts intervene and impose implied terms when they believe that in addition to the terms the parties have expressly agreed on, other terms must be implied into the contract. Gillies argued that the courts have become more interventionist in protecting the rights of contracting parties thereby encroaching upon the notion of freedom of contract. The doctrine of freedom of contract is a prevailing philosophy which upholds the idea that parties to a contract should be at liberty to agree on their own terms without the interference of the courts or legislature. Implied terms can be viewed as a technique of construction or interpretation of contracts. It has been argued that the courts are interfering too much in their approach to determine and interpret the terms of a contract. The aim of this essay is to explore this argument further and in doing so consider whether freedom of contract is lost due to courts imposing implied terms. The essay will outline how the common law implies terms. The final part of the essay will examine whether Parliament, by means of a statute, or terms implied by custom restrict freedom in a contract. An overall conclusion on the issue will be reached.
The social composition of the judiciary does matter, the importance played on ensuring a diverse judiciary. Ensuring that a judiciary is diverse by way of equality act 2010 – Protects people from discrimination in the workplace and wider society. And Human Rights Act
Enforceable contract Peter v. Don. Peter will have an enforceable contract with Don if he can show that all the required elements of a contract are present. If there is a contract between the two then it will be governed by the common law requirements of an enforceable contract instead of the Uniformed Commercial Code, which would be used if their agreement had involved the sale of goods. In order for a contract to be formed between Peter and Don the two must react mutual consent Mutual consent can generally be formed through the form of an (A) offer and (B) acceptance. An additional requirement for both parties to show (C) consideration is also
Wally, business owner of Windy City Watches is located in downtown Chicago, IL. Business is booming and Wally needs to buy a large quantity of Rolek watches which sell for $50 apiece. He calls Randy Rolek, the wholesaler located in Milwaukee WI. They discuss terms on the phone for a while before coming to an agreement in which Wally offers to buy 100 watches for $25 each. Randy sends over an order form in which Wally states that he is agreeing to purchase watches from Randy for $25 each, but does not include the quantity in which he will buy. Randy sends 50 watches the following week with a note included stating that he has sent 50 watches and will send the other remaining 50 watches within a few days but includes the bill for the full
Explain why it is important to have an intention to create legal relations when making a contract and why is consideration of the parties to the agreement necessary-:
Rule : : Contract formation requires mutual assent (offer and acceptance), consideration, and no viable defenses to contract formation.
Bernie a resident of Richmond, Virginia decides to sale his 2006 Ford Fusion for $13,000.00 and places an ad in his local newspaper on February 1st. After several weeks without any inquiries, Vivian contacts Bernie on March 1st stating she will pay him $12,000.00 for the car. Bernie arranges to meet with Vivian on March 5th to complete the deal. Vivian comes to Bernie’s house on March 10th and says she will give Bernie $12,500.00 for the car; but she needs three additional weeks to come up with the money. Bernie agrees but only if Vivian puts down a deposit. Vivian agrees and Bernie drafts an agreement stated the sale will must take place no later than March 31st. Vivian reads and signs the agreement and
Pat was very frustrated because she wanted to purchase a home but lacked the funds or credit to do so even though Pat was expecting shortly to receive a one-half million dollar final installment payment for some land she sold several years earlier. Dan knew that Pat was very interested in purchasing a home and approached Pat with a proposal to assist Pat in buying a home. Dan told Pat that he would help Pat with the financing. After finding the home she wanted to buy for $250,000, Dan and Pat orally agreed that Dan would purchase the home and "when you come up with the money, I (Dan) will sell it to you (Pat) for $250,000 plus a fair commission to be determined."
Learning contracts are being used in post-secondary education. Adults approach learning as problem solving and in theory by implementing learning contracts, the student becomes more involved in
The rules governing contracts traditionally came from common law, meaning the law that is produced on an ad hoc basis by courts. When the courts came up against a novel problem, they look at
"The current federal system of government in the United States is failing to meet its social contract obligations to the American people." There is nothing closer to the truth than this statement. While some may argue that the government is following the guidelines of a social contract, many aspects of the government have outgrown their britches and taken over.
Lillard, Monique C., Fifty Jurisdictions in Search of a Standard: The Covenant of Good Faith and Fair Dealing in the Employment Context, 57 Mo. L. Rev. (1992)
would give 100 £. The company then deposited 1,000 £ in a bank to show
Over the years, judicial diversity has been an issue of concern for Wales and England. Reform initiatives and debates for judicial diversity are critical features of various common law jurisdictions. The country faces gender and ethnicity diversity as the major dimension of inclusiveness in the judicial system. Critics have raised general
The quality of your individual life would greatly improve in utopia. The burdens you face from corporate monopolies, the overwhelming weight of the devaluation of your currency and the lack of faith in your neighbors to achieve a civilization of peace and mutual respect has taken its toll for too long. Although this sounds as if it was taken directly from George Orwell’s book (1984) itself, the propaganda of a utopian government rule and the current everlasting war breathes as it’s on self-reliant organization today. Weary of the multiple political parties that are emerging every three seconds, we are faced with a question that has been proposed since the beginning of logical thinking. Is it