So now, let's examine what is a contract at English law. Before we actually go into the details of the characteristics of English contracts, it is necessary to define what precisely a contract is.
Essentially, in English law, a contract is an agreement between two or more parties that the law will enforce (that is to say an agreement to which the law will give effect). In other words, a contract is an agreement which is binding on the parties (that is to say, it binds the two or more parties who agreed to it).
Once the parties have exchanged their promises in accordance with the prerequisites as to the formation of English contracts, they are bound by those promises. In the case they do not perform the obligations they promised that they would or in the case they performed them partially or poorly, the Law will enforce the contract. That is to say, judges will hear the case brought to court by the party who suffered a damage as a result of none or partial or poor performance by the other party. Depending on the court's decision, damages may have to be paid by the non performing party or the party at fault for partial or poor performance, for the loss suffered by the other party to the contract (...)
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LECTURE NUMBER 1: THE CONTRACTS
A. Foreword B. Glossary C. What is a contract? D. The principle of freedom of contract E. The tract rules governing English contracts F. Contracts to be made in writing G. Key notions and vocabulary H. Civil courts and contract claims I. Arbitration J. Lay-out of the English decisions
LECTURE NUMBER 2: OFFER AND ACCEPTANCE
A. Introduction B. Glossary C. What is an offer? D. An offer is not an invitation to treat E. Advertisements F. Legal characteristics of an offer G. Acceptance H. Communication I. Electronic commerce and on-line contracts
LECTURE NUMBER 3: CONSIDERATION
A. Glossary B. Good and bad consideration C. Past consideration D. Consideration must move from the promisee E. Consideration must be sufficient F. The economic value of consideration G. Exceptions to the rule of past consideration H. The doctrine of promissory estopped I. Conclusion
LECTURE NUMBER 4: INTENTION TO CREATE LEGAL RELATIONS - CAPACITY TO CONTRACT - PRIVITY OF CONTRACT
A. Glossary B. Introduction C. Intention to create legal relations 1. Family and social agreements 2. Commercial agreements D. Capacity to contract 1. Introduction 2. Minors 3. Mental incapacity 4. Companies & corporations legal capacity E. Privity of contract ? The Contracts Act 1999 F. Generalities G. The third party H. Conclusion I. Exceptions
LECTURE NUMBER FIVE: VITIATING FACTORS AFFECTING THE VALIDITY OF CONTRACTS
A. Introduction B. Misrepresentation 1. Generalities 2. Types of misrepresentation 3. Remedies in case of misrepresentation C. Mistake D. Generalities E. Types of mistake F. Specific remedies in case of mistakes G. Undue influence and duress H. Undue influence I. Duress J. Inequality of bargaining power
LECTURE NIMBER 6: THE TERMS OF THE CONTRACT
A. So first a few words about the express terms of a contract B. Implied terms C. Statutorily implied terms D. Conditions and warranties E. Exclusions clauses 1. General introduction 2. Validity of exclusion clauses 3. The Unfair Contract Terms Act 1977 4. Conclusion
LECTURE NUMBER 7: ILLEGAL CONTRACTS
A. Introduction B. Contracts to commit a crime or a tort C. The effect of illegality D. Contracts contrary to public policy E. Contracts contrary to public policy F. Contracts in restraint of trades G. Severance H. Anti-competitive contracts I. Conclusion
LECTURE NUMBER 8: DISCHARGE OF CONTRACTS
A. Introduction B. Performance C. Substancial performance D. Partial performance E. Discharge by agreement F. Breach of contract G. Repudiation H. Frustration
LECTURE NUMBER 9: REMEDIES
A. Introduction B. Common law remedies generalities C. Damages causation remotess mitigation D. Damages calculing loss E. Damages calculing the expectation loss F. Damages for no pecuniary loss G. Action for an agreed H. Equitable remedies I. Liquidated damages penalty clauses
LECTURE NUMBER 10: CONSUMER CONTRACTS
A. Introduction B. Contracts for the sale of goods C. Contracts for the supply of services D. Hire contracts E. Manufacturers liability F. The consumer protection Act of 1987 G. Consumer protection by the criminal law H. Unsolicited Goods I. Hire purchase agreement
LECTURE NUMBER 1: THE CONTRACTS
A. Foreword B. Glossary C. What is a contract? D. The principle of freedom of contract E. The tract rules governing English contracts F. Contracts to be made in writing G. Key notions and vocabulary H. Civil courts and contract claims I. Arbitration J. Lay-out of the English decisions
LECTURE NUMBER 2: OFFER AND ACCEPTANCE
A. Introduction B. Glossary C. What is an offer? D. An offer is not an invitation to treat E. Advertisements F. Legal characteristics of an offer G. Acceptance H. Communication I. Electronic commerce and on-line contracts
LECTURE NUMBER 3: CONSIDERATION
A. Glossary B. Good and bad consideration C. Past consideration D. Consideration must move from the promisee E. Consideration must be sufficient F. The economic value of consideration G. Exceptions to the rule of past consideration H. The doctrine of promissory estopped I. Conclusion
LECTURE NUMBER 4: INTENTION TO CREATE LEGAL RELATIONS - CAPACITY TO CONTRACT - PRIVITY OF CONTRACT
A. Glossary B. Introduction C. Intention to create legal relations 1. Family and social agreements 2. Commercial agreements D. Capacity to contract 1. Introduction 2. Minors 3. Mental incapacity 4. Companies & corporations legal capacity E. Privity of contract ? The Contracts Act 1999 F. Generalities G. The third party H. Conclusion I. Exceptions
LECTURE NUMBER FIVE: VITIATING FACTORS AFFECTING THE VALIDITY OF CONTRACTS
A. Introduction B. Misrepresentation 1. Generalities 2. Types of misrepresentation 3. Remedies in case of misrepresentation C. Mistake D. Generalities E. Types of mistake F. Specific remedies in case of mistakes G. Undue influence and duress H. Undue influence I. Duress J. Inequality of bargaining power
LECTURE NIMBER 6: THE TERMS OF THE CONTRACT
A. So first a few words about the express terms of a contract B. Implied terms C. Statutorily implied terms D. Conditions and warranties E. Exclusions clauses 1. General introduction 2. Validity of exclusion clauses 3. The Unfair Contract Terms Act 1977 4. Conclusion
LECTURE NUMBER 7: ILLEGAL CONTRACTS
A. Introduction B. Contracts to commit a crime or a tort C. The effect of illegality D. Contracts contrary to public policy E. Contracts contrary to public policy F. Contracts in restraint of trades G. Severance H. Anti-competitive contracts I. Conclusion
LECTURE NUMBER 8: DISCHARGE OF CONTRACTS
A. Introduction B. Performance C. Substancial performance D. Partial performance E. Discharge by agreement F. Breach of contract G. Repudiation H. Frustration
LECTURE NUMBER 9: REMEDIES
A. Introduction B. Common law remedies generalities C. Damages causation remotess mitigation D. Damages calculing loss E. Damages calculing the expectation loss F. Damages for no pecuniary loss G. Action for an agreed H. Equitable remedies I. Liquidated damages penalty clauses
LECTURE NUMBER 10: CONSUMER CONTRACTS
A. Introduction B. Contracts for the sale of goods C. Contracts for the supply of services D. Hire contracts E. Manufacturers liability F. The consumer protection Act of 1987 G. Consumer protection by the criminal law H. Unsolicited Goods I. Hire purchase agreement
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Extraits
[...] On the other hand, there are strong arguments to advocate a change in law so as to minimize the impact of the rule of privity. Changing the rule would probably reduce the amount of litigation, since the third party beneficiaries would then be able directly to sue the party to an original contract that is at the source of his prejudice. For instance, imagine the situation in which a customer has suffered a prejudice as a result of a manufacturer's faulty production: as the law stands today the customer cannot sue the manufacturer directly because he has no contract with him. [...]
[...] In a famous case decided in 1934 l'Estrange v. Graucob ltd, Miss l'Estrange bought a cigarette machine under a sales agreement, which stated that express or implied condition, statement or warranty, statutory or otherwise not stated here in is thereby excluded After the machine broke down and was no use at all, she took her case to court and lost her action since all or most of miss l'Estrange contractual rights or remedies were removed as a result of the existence of an exclusion clause. [...]
[...] The third exception results from the relationship between the parties to the contract. If two parties are on a fiduciary relationship63, then they will have a duty to disclose any information that they may think necessary to the other party so that they make up their minds about the contract totally safely. Courts have established such a duty in contracts involving a parent and his child, a solicitor and his client, a trustee and a beneficiary, and a principle and his agent. [...]
[...] After 8 years of many individual contracts by the parties that all incorporated the terms of the standard form, Evans proposed that the machinery be transported in containers and Merzario's manager in the course of discussion in Portsmouth with Evan's manager assured him that such containers would not be carried on date because the machinery might go rusty. Nothing concerning the oral conditions that the containers be carried below deck was put in writing and contracts kept on being made between the 2 parties. Eventually one container failed into the sea and was lost and the 2 parties disagreed over the exact terms of the contract. Page 76 sur 123 CAVEJ 2009/2010 Cours d'anglais de Madame Mouton The court of appeal held that Evans was entitled to damages for breach of contracts on 2 grounds. [...]
[...] that is to say to convince the other party Page 67 sur 123 CAVEJ 2009/2010 Cours d'anglais de Madame Mouton party will rely on his statement. The Misrepresentation Act of 1967 does not give a precise definition of negligent misrepresentation. Yet it establishes that in cases where the representor made a false statement, he shall be considered as having committed a negligent misrepresentation and will be liable to pay damages to the innocent party unless he can prove that he believed or had reasonable grounds to believe that at the time he made them his statements were true. [...]
