The rules in English contract law relating to claiming damages for mental distress consequent upon a breach of contract are not clear
Added on 2023-01-17
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English Contract Law
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Contents
Title: The rules in English contract law relating to claiming damages for mental distress
consequent upon a breach of contract are not clear.........................................................................1
REFERENCES................................................................................................................................8
2
Title: The rules in English contract law relating to claiming damages for mental distress
consequent upon a breach of contract are not clear.........................................................................1
REFERENCES................................................................................................................................8
2
Title: The rules in English contract law relating to claiming damages for
mental distress consequent upon a breach of contract are not clear
Contract law is the body of rules and regulations which govern the commercial
transactions formed through contracts. This concept is broad enough to cover all the aspects of
goods, services, properties or money which are significant for the business (Austen-Baker,
2017). There are rules provided for breaching the contracts entered between the parties which
provide fines and imprisonment for major issues. It is a matter of civil law and there is no such
element of criminal law involved. This report focuses on doctrines and rules related to contract
law, its principles along with relevant facts, formation of contracts and its implications,
obligations of parties to contracts and their legal consequences for breaches and many more
matters.
English contract law
English contract law is a civil law which is applicable in England and Wales for
providing legal support to the agreements in order to bind them legally. There are number of
aspects which are covered in this such as supply of services, sale of goods and employment law.
Contract is everywhere in business as well as corporate world as it forms the basis for proceeding
with a transaction in the business. In the legal sense, a contract is an agreement which is
enforceable at law and formed by adhering to the principles. English contract law has been
evolved with the time by including numerous amendments to make it effective and more useful
for the application in real world scenario.
Formation of contracts and types
A valid contract is the one which comprises of essential elements that should be there in a
contract. Agreement is the first condition which includes offer by one party (offeror) to another
party (offeree). It should be accepted otherwise no contract can be formed without that
(McKendrick, 2014). The other element being consideration in which a valid amount should be
involved and made in exchange of the goods or services that is included in the transaction. Other
elements being intention to develop legal relations between the parties furthermore, the parties
should be competent to contract i.e. have attained majority in age. Along with this, all the
formalities should be completed within the time. When all the essential conditions are fulfilled
by the parties, a valid contract is formed and executed between them for completing the
transaction.
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mental distress consequent upon a breach of contract are not clear
Contract law is the body of rules and regulations which govern the commercial
transactions formed through contracts. This concept is broad enough to cover all the aspects of
goods, services, properties or money which are significant for the business (Austen-Baker,
2017). There are rules provided for breaching the contracts entered between the parties which
provide fines and imprisonment for major issues. It is a matter of civil law and there is no such
element of criminal law involved. This report focuses on doctrines and rules related to contract
law, its principles along with relevant facts, formation of contracts and its implications,
obligations of parties to contracts and their legal consequences for breaches and many more
matters.
English contract law
English contract law is a civil law which is applicable in England and Wales for
providing legal support to the agreements in order to bind them legally. There are number of
aspects which are covered in this such as supply of services, sale of goods and employment law.
Contract is everywhere in business as well as corporate world as it forms the basis for proceeding
with a transaction in the business. In the legal sense, a contract is an agreement which is
enforceable at law and formed by adhering to the principles. English contract law has been
evolved with the time by including numerous amendments to make it effective and more useful
for the application in real world scenario.
Formation of contracts and types
A valid contract is the one which comprises of essential elements that should be there in a
contract. Agreement is the first condition which includes offer by one party (offeror) to another
party (offeree). It should be accepted otherwise no contract can be formed without that
(McKendrick, 2014). The other element being consideration in which a valid amount should be
involved and made in exchange of the goods or services that is included in the transaction. Other
elements being intention to develop legal relations between the parties furthermore, the parties
should be competent to contract i.e. have attained majority in age. Along with this, all the
formalities should be completed within the time. When all the essential conditions are fulfilled
by the parties, a valid contract is formed and executed between them for completing the
transaction.
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Apart from this, there are different kinds of contracts in the legal system which can be
formed in order to complete a transaction. Express contract being one of the types which can be
made in writing or orally by accepting the terms and conditions. The other type is implied
contract which is formed with mutual agreement and consent but there is no element of
expressed terms and conditions. Such types of contracts are the outcome of circumstances which
is based on reasonable assumptions by considering the legal relations between the parties.
Written contracts are the one which contain terms and conditions in writing. It is always
beneficial for the parties to get the terms and conditions in writing for giving legal protection.
Furthermore, oral contracts are there which is formed by exchanging words and there is no
requirement of mentioning anything in writing. there are many more types in which a contract
can be formed according to the requirement of the parties. Terms and condition of Android in the
contracts are decided mutually (Cartwright, 2016).
Breach of contract
A contract it is formed for legally binding the parties and make them carry the activity
according to the terms and conditions mentioned in the contract. It comprises of promises to act
in a certain way or a certain amount for specified item of service. It is legally supported by
completing all the formalities and including the essential conditions for forming a contract.
Therefore, if a party fails to carry the transaction as per the contract then an event of breach is
recorded.
A contract of breach has been defined as event when the promise of contract is not kept because
one party has failed to fulfil their agreed upon obligations according to the terms of contract. In
other words, it occurs when a party fails to deliver in the appropriate time frame, does not meet
the terms of the agreement or fails to perform at all. Furthermore, there are legal remedies for
breach of contract which can be sought by one party who has suffered because of other party due
to failure to perform the contract (Beal, 2013).
Remedies for breach of contract
Breach the law of contract comprises of various remedies which can be sought by the
party who has suffered some damages on kind of loss due to non fulfilment of terms and
conditions. There are two general categories of damages that can be awarded on proving the
claim. The first being compensatory damages, which covers the loss of non breathing party in
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formed in order to complete a transaction. Express contract being one of the types which can be
made in writing or orally by accepting the terms and conditions. The other type is implied
contract which is formed with mutual agreement and consent but there is no element of
expressed terms and conditions. Such types of contracts are the outcome of circumstances which
is based on reasonable assumptions by considering the legal relations between the parties.
Written contracts are the one which contain terms and conditions in writing. It is always
beneficial for the parties to get the terms and conditions in writing for giving legal protection.
Furthermore, oral contracts are there which is formed by exchanging words and there is no
requirement of mentioning anything in writing. there are many more types in which a contract
can be formed according to the requirement of the parties. Terms and condition of Android in the
contracts are decided mutually (Cartwright, 2016).
Breach of contract
A contract it is formed for legally binding the parties and make them carry the activity
according to the terms and conditions mentioned in the contract. It comprises of promises to act
in a certain way or a certain amount for specified item of service. It is legally supported by
completing all the formalities and including the essential conditions for forming a contract.
Therefore, if a party fails to carry the transaction as per the contract then an event of breach is
recorded.
A contract of breach has been defined as event when the promise of contract is not kept because
one party has failed to fulfil their agreed upon obligations according to the terms of contract. In
other words, it occurs when a party fails to deliver in the appropriate time frame, does not meet
the terms of the agreement or fails to perform at all. Furthermore, there are legal remedies for
breach of contract which can be sought by one party who has suffered because of other party due
to failure to perform the contract (Beal, 2013).
Remedies for breach of contract
Breach the law of contract comprises of various remedies which can be sought by the
party who has suffered some damages on kind of loss due to non fulfilment of terms and
conditions. There are two general categories of damages that can be awarded on proving the
claim. The first being compensatory damages, which covers the loss of non breathing party in
4
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