ENGLISH CONTRACT LAW

English Contract Law



Basic Requirement of Contract in English Law, Disputes in Building and Construction Industries and Latham Report

Presented to DR. /Prof………………….

Fn Sc Civil Engineering

Construction Law Assignment 1

Institution……………

1 January 2011

Table of Contents

Abstract ____________________________________________________3

Introduction_________________________________________________4

English Law of Contract______________________________________5

Basic Requirements___________________________________________5

Latham Report____________________________________________________7

Report Review________________________________________________7

Latham Report Recommendations_______________________________8

Impact of Housing Grants & Registrations Act of 1996____11

Recently-enacted Legislations__________________________11

conclusions_____________________________________________________12

References_______________________________________________________13Abstract

This paper discusses the fundamental requirements of the English law of contract with particular implication on the building and construction industries procurement arrangement and contractual terms. Latham report has been explored in detail and recommendations of the report and subsequent effects of the report.

The law of contract forms an important part of the engagement of two parties and a reprieve for all parties in case of disagreement on the performance of the contract as stipulated during the negotiation stage. The contract law of England and Wales forms a heritage for many other laws used by countries and international law.

2.0 Introduction

England has had a centralized system for early establishment of the Royal Courts of Common Law. Then, have established competing jurisdictions, the courts of equity, for access to common law jurisdictions was limited, hence the response to numerous petitions by Equity.

However, the terms of the offer have to be certain so that it can be presumed that the terms are binding thus making the agreement enforceable in court. Other contracts such as for land sale require witnesses and signatures as formalities. The English law requires that parties to make a consideration, this is something of value to act as a bargaining instrument. The contract can be made through an agent who acts on owner's behalf and within the authority the agent is granted or personally.

Finally, Contract law is a complex but well defined area of law in U.K. Areas for consideration under contract law include formation of contract (offer, acceptance, consideration, intention, etc.), capacity to form contract, contents (terms, exclusions, privity), vitiating factors (misrepresentation, mistake, duress, illegality, etc).

3.0 English Law of Contract

3.1 Basic Requirements

The common law of contracts is defined by the rules of the Civil Code on contracts. These rules define the duties of contractors and derive the moral principle of respect for the word given, which will give the rule of binding conventions. The independent source of obligation becomes the will, irrespective of the formalism of the expression of consent. The formal nature of contracts is substituted the principle of consensus based on trust of the beneficiary of the obligation that it be executed by the debtor of the obligation.

The contract law has several requirements for the performance of the contracts these are; the law works well when the terms of the agreement are performed thus eliminating the need for restitution. These requirements must be in accordance with, and not in conflict with any of the following:

Agreement (offer and acceptance)

Certainty and enforceability

Consideration and estoppels

Either party can be released from performing the obligations by a court if the agreement is rendered impossible to perform by unforeseen circumstances or events.

The proper concept of English courts about agreement ...