A more recent version of these Introduction notes – written by Cambridge/Bpp/College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Contract Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
- Historical development of contract law. originally: only debt of specific sum enforceable in courts. by 1602: Slade's Case - assumpsit ('he promised') a general form of claim. by end of 18C: general legal framework
? 19C: development - growth in response to social + commercial demands. post-industrial rev: most rapid growth - laissez-faire approach. e.g. Printing & Numerical Registering Co v Sampson [1874-5]: 'contracts, when entered into freely and voluntarily, shall be held sacred and shall be enforced by the Courts of Justice'. today: principle of freedom of contract still, but with more paternalism/interventionism - courts concerned about unequal bargaining power.
- Simple contracts: vast majority (vs. speciality contracts). agreement: reached or deemed to be reached by parties. rights + obligations: arise from agreement. (some contractual relationships - specif ic rules: e.g. employment + consumer contracts).
- Essential elements: 'C.I.A.'.
1. Agreement: consists of clear offer (by offeror) + acceptance (by offeree).
2. Intention to create legal relations + capacity (i.e. must be capable of making a contract).
3. Consideration: anything of value promised to another ? mutual exchange of consideration needed for binding contract.
- Manner of agreement: any possible as long as parties in communication. writing word of mouth inference: from conduct of parties + circumstances of case or: any combination of above.
Buy the full version of these notes or essay plans and more in our GDL Contract Law Notes.