Freedom of Contract in English Law Essay

“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…

it was necessary to protect the advertiser from liability in Contract should demand for the advertised goods exceed supply.[3] As a result, the appellant's criminal conviction was quashed. In contrast, advertisements may sometimes be construed as being an offer if they are of the unilateral type, where one party promises something in return for the specified act of another. The general rule in Contract Law is that acceptance must be communicated to the offeror, but…

v. Blake, he would be seeking to be compensated to the point of as if the contract had not been initiated in the first place. In his claim for damages, he can hold HOTMOTORS liable for Bob’s misrepresentation. With reference to Lister v. Hesley Hall Ltd he can make claims upon the rules of vicarious liability, HOTMOTORS is thus liable for the acts of its agents, in this case Bob. Bob can defend himself under contract law and claim that the misrepresentation was innocent. He can claim that he at…

refugee visa. He wasn’t aware of what a contract is and the main general issue arouse in the beginning was that he hardly understands English. As he was new in the country and was looking for a telephone to get connected to his family back overseas, he thought this would be a great opportunity and that is what made him indulge in the contract. Furthermore Nathan was not fully guided by John about what is a contract and while briefing him about the contract. John knew that Nathan was unable to understand…

the following questions: The Harrier jet offer was a verbal agreement and was a joke. The Television commercial brought lots of attention, but it was voidable because it was too good to be true. Employment law corresponds with contract law. A…

offered Samantha £1300 for the oboe. Samantha was obviously very happy with this offer, as it was £300 over the amount she had offered Penny. She accepted the offer from Gillian and a contract was formed. In any other circumstances, this would be a very simple and straightforward contract, but due to outstanding issues with Penny, shadows were cast over its legitimacy. If…

The offer cannot be vague or indefinite; it must be precise and express a clear intent to contract. The use of the terms 'wondered' and 'whether' in describing David's 'proposal', implies vagueness and lacks clarity. In his supposed offer, David fails to be sufficiently definite in his terms suggesting that there was no clear intent to contract. What Michelle may have perceived to be an offer may have, in fact, been on the part of David, a mere invitation to treat.…

Krell. In the former the court decided that the contract did still have some purpose as it was still capable of some performance, when it is obvious that the object of the contract was in both cases the review/parade that went with the coronation. The court should have taken a more detached and objective view of the contract without attempting an artificial separation of motive and object. The subsequent criterion of the contract becoming "radically different" from what the…

An agreement is not enforceable unless the parties intended it to be legally binding. For contracts to be binding, they must adhere to this rule. This is because contracts are very serious business, and one must not go into them fool heartedly. There are however presumptions regarding this element. First, it is understood that domestic agreements cannot have intent to create legal relations, unless expressively said. Families are an institution and they must be kept sacred…

(1976)[1] illustrates an important limitation on legal duress in that the actual violence, or threat of violence, must be against the person and calculated to cause fear of bodily harm or loss of life. Not surprisingly, duress is a part of the law which nowadays seldom raises an issue. This limitation was open to the objection that it failed to give adequate consideration to the coercive effect of other illegitimate conduct or threats. Originally the courts would not acknowledge…