Contract Law in English Legal Systems: Case Discussions and Remedies

This report provides a comprehensive overview of English contract law, examining its core principles and application within the English legal system. It begins with an introduction to contract law, defining its role in regulating agreements and outlining the essential elements required for a legally...Read More

Contents
INTRODUCTION...........................................................................................................................3
Contract law.................................................................................................................................3
Explanation of court systems in relation of English legal systems.............................................3
Case discussion............................................................................................................................4
Remedies......................................................................................................................................4
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................5

INTRODUCTION
English contract law has been the body of law regulating the contract in the England and wales.
this contract act has been the binding contract dealing with roots in the Lex Mercatorian and the
activism of the judiciary during the industrial revolution. This have the applying of the rights and
obligations of the contractual parties under contracts by have the proper level of governing in
terms of the relationship, viability and interpretations for the agreements between the two or
more person (Beale and et.al., 2019.). In this report there be clear discussion on the blue prints of
contracts law in relation to the English legal systems to have the action of pursue. although
report also be containing the various level of remedies available to parties.
TASK
Contract law
A contract law is law that regulates contractual relationships of the parties. A contract can be
defined as a contract between two or more parties. Contract when legally bind parties it includes
voluntary agreement reached between the parties which is subsequently becomes enforceable by
law. This means that in case any of the party of contract does not fulfil any of the conditions of
the contract, another party can sue the party. Contract law is body of law that applies to the right
and obligations of the contractual parties under the contract.
For a Contract to be legally binding it requires-
 An agreement
 An Intention to create legal relations
 Consideration
Concerned with this is it is important to consider that it is not important for contract to be
in written in order to be legally enforceable. In this a contract for sale of land and property it
must be in writing and ensure that all the terms of the contract are agreed, it may however cannot
be enforceable.
Effectiveness of the Contract
In order to bring the contract into existence it is important that acceptance to an offer is
made and consideration is given from one party to another. In case of a contract that is based on
the conditions, it becomes effective and enforceable when all the conditions of the contract are
met. Acceptance of the offer can be made either with words or with actions.
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Elements of a valid contract are-
Offer - This is concerned with making an offer
Acceptance- This is related to accepting the offer under the contract
Consideration- This means that each party of the contract. Considerations can be-
 Promise to pay money
 Promise to do something or not to do something
 Promise of providing something of value
Intentions to be legally bound- This means that parties involved in the contract should be
having intentions to be legally bound in contract.
Contractual capacity of the parties in contract- This means that parties creating the contract
need to be legal entities recognised by law, limited liability partnership and individual of 18 or
above age.
For a contract to be legally binding it is important that all the conditions and elements are met in
the contract.
Principles of Contract Law
Freedom of Contract- This means that businesses are free to contract terms, that means they can
chose any of the terms for contract.
Fairness- This means that contract and terms of contract should be fair.
Vitiating Factors
Factors because of which the contract can be declared void. These factors are-
 Misrepresentation
 Law of mistake
 Non est Factum
This means that any of the party can make a plea that allows party to escape out of the
performance in an agreement.
 Illegal
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Explanation of court systems in relation of English legal systems.
English legal systems have been the comm legal systems which have the clear level of
comprising of the mainly the criminal and civil law have the perspective of each branches of
having its own court a procedure is respective manner.
On the other hand, the contract law has been the body of law which is governing, enforcing
along with interpretative the agreements related to the exchange of goods, services, properties
and money. As per the law, it has been celery stated as their agreements is made between two or
people or business lengthiest have been considered as promise to so something in return to gains
the advantages which is legally binding.
As in the report, there have been the three important case with in needed to be discussed as the
proper law of the contract is the main systems in which law is basically applied in order to have
deciding the validation for the most of aspects to the contract binding which have the including
the formation, validity, interpretations and performance. In relation to the difference case , the
two have failed to have the binding contracts but the third case in the breach of contracts which
can have the legal remedy in order to deal with the issue.
The first two case which are such as Hilary and Eleanor, Hilary and Amy, there is the offering
with the consideration but both the parties have failed to get the acceptance. So, these two
relations or the offering are not considered (Savelyev, 2017). As in the case one there were lack
of acceptance of offering due to change in the prices or consideration o. hence the contract have
to be treated as the void and enforceable contract. On the other hand, the case of the Amy has
changed the acceptance before the confirmation of the Hilary consent. Hence, the contract has
failed to turned out to be enforceable agreements (Harper, 2017). But in the case there, there
have been breach on the contract which Hilary have failed to completes.
Case discussion
Case 1 Hilary and Eleanor
As per the case, there is the selling of the printing press which is been the offering from the side
of Hilary advertised in the printing press for amount £ 15000 for the sale. The contract law is
applicable to the agreements where the following of the six principles have been followed as the
agreement, consideration, intension, capacity, genius contents and legality have been involving.
So, the contract has been voided as there were no implication of the contracts between the buyer
and seller. there is just an offering which are not accepted.
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Case 2 Hilary and Amy
Moving to the next case, the same have been followed as the Amy once have accepted the offer
but later on rejected over buying the roust from the busier before getting the confirmation. as in
the case tea my have the changing the mined and informed the Hilary with the fax regarding the
informing the confirmation letter (Zhang, 2019). Hence this agreement have also turned to be
void and competition requirements of the contracts act or law have not be fulfilled buy the both
parties.
Case 3 Hilary and Olivia
As per this case, there have been the breach of contract. This is identified to be situation in
which the parties who have they been looking after the agreements have failed to complete the
promise which can be regarding any issue or failure. As per the case the Hillary have offered the
famous artsiest trumpeter painting just at the amount of £ 1 who have been the first to come to
the art gallery along with special offering of another painting. This is the offering which is
accepted by the Olivia by standing outside the gallery for 2 days but the Hilary have failed to
accomplish the promise.
Remedies
As most of the commercial agreements have the containing the expressing the prisoners along
with formalise which are considered to be causes to ensure the parties have the rights. this will be
consisting of the damages which can be casein myth innocent raster. Nominal damages are
awarded where the innocent party has suffered no loss as a result of the other's breach and
substantial damages are awarded as monetary compensation for loss suffered as a result of the
other party’s breach. of the rights and obligations of the contractual parties under contracts by
have the proper level of governing in terms of the relationship, viability and interpretations for
the agreements between the two or more person (Smitsed., 2017). Hence the innocent party will
be receiving there just having the recovering will level of damages which have the putting in
situations.
This will be looking out to have the popper mitigations and advance payments moving out to be
all level of penalises along with moving in term of the liquated damages as this will be consisting
of the damages which can be casein myth innocent raster.
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CONCLUSION
On the basis of above discussion it can be concluded that contract law provides several
elements which make a contract legally binding for the parties. This law also involves
regulations and factors because of which parties involved in a contract can get the solution for
their problems that are concerned with contractual relationship.
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CONCLUSION
REFERENCES
Books and Journals
Online
Beale, H and et.al., 2019. Cases, materials and text on contract law. Bloomsbury Publishing.
Savelyev, A., 2017. Contract law 2.0:‘Smart’contracts as the beginning of the end of classic
contract law. Information & Communications Technology Law, 26(2), pp.116-134.
Zhang, M., 2019. Chinese Contract Law-Theory & Practice. Brill.
Smits, J.M. ed., 2017. Contract law: a comparative introduction. Edward Elgar Publishing.
Harper, J., 2017. Contract Law. Legal Magazine.
Ben-Shahar, O. and Porat, A., 2019. Personalizing mandatory rules in contract law. U. Chi. L.
Rev.. 86. p.255.
Cartwright, J., 2016. Contract law: An introduction to the English law of contract for the civil
lawyer. Bloomsbury Publishing.
Smits, J.M. ed., 2017. Contract law: a comparative introduction. Edward Elgar Publishing.
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