ENGLISH LAW

English Law

English Law

Introduction

This paper discusses the English law of contract in a holistic context. The paper also critically analyzes the English law of contract and the degree of fairness in the contract. Every contract cannot be enforced by the court for the enforcement of promises, or an agreement court observes some elements. Court will prove that agreement as a contract after having a check on these elements. The contract involves a process of certain elements. The process starts from an offer. For the formation of the contract the offer must be accepted, unconditionally. There are certain more requirements for the offer and acceptance. After the communication of acceptance, law needs two other elements. One is consideration another is terms of the contract.

The given scenario states that delivery of goods was not made on time by Leander. the buyer of the equipment Seasafe PLC terminated the contract because of this reason. An issue exists at both ends whether if this termination was justifiable or not.

Perhaps the most significant difference in contract law between the system used in England, Wales and Northern Ireland, and that used in Scotland, is that Scotland does not require consideration in a contract. Consideration means that both parties offer something by way of exchange as part of the deal. The most common version of this is one party exchanging cash for the other party's goods or services. However, a valid contract could involve the two parties trading goods, or agreeing to each perform services for the other.

English Contract Law

An individual or company that seeks to act under "British" contract law will need to be clear about which legal system it comes under. Depending on which system applies, there are several important differences in principle and application of contract law.

English law has a concept named "equity" that applies in most cases, including contract law. Equity means that a court has the power to override the strict letter of written (or statute) law where it believes that to apply the statute law strictly would be contrary to the interest of fairness and justice. Scottish law does not recognize this concept.

The distinction vindicates the central case of contract law, which is the idea that promises can be made to be kept. The suggestion was not that contractual primary liabilities were only important. It would be the theoretical basis for the award of damages for non performance is no longer sustainable. The regret expressed that there was no means of giving effect to the legal right to performance could at last be remedied.

The case of Seasafe PLC did not use the concept of secondary liabilities, and only referred to the narrow distinction, giving "secondary obligation" the meaning of damages. Secondary liabilities comprise not only damages, but the whole range of remedies. The former approach bears the mark of the historical absence of English law for the relief.

The Scenario

The presented scenario states that delivery of the goods is an essential clause of any business ...