LLB CONTRACT II COURSEWORK QUESTION

LLB CONTRACT II COURSEWORK QUESTION



Table of Cases

Balfour v Balfour [1919] 2 KB 571

Thomas v Thomas (1842) 2 QB 851

Couchman v Hill [1947] KB 554

Schuler v Wickman Machine Tool Sales [1974] AC 235

Wells v Pratt and Haynes, [1910] 2 KB 1003

Arcos Ltd VE Ronaaser and Son [1933] AC470

The State Trading Corporation of India Ltd., VM Golodetz Ltd [1989] 2 Lloyd `S Rep 277283

Mihalis Angelos [1971] 1QB64 (CA)

Arcos Ltd VE Ronaaser and Son [1933] AC470

Couchman W. Hill [1947] 1KB554

Bunge Corporation V. Tradex Export SA [1981]

Table of Statues

unfair terms of contract law `1977 (UCTA 1977)

LLB CONTRACT II COURSEWORK QUESTION

Introduction

The contract is an agreement between two or more persons (individuals, companies, organizations or government agencies) to do or abstain from doing, especially things in exchange for something in the price. Contracts generally can be written using formal or informal settings, in whole or in oral form. The contracts are regulated by the general principles of and are usually derived from common law (or case law). However, on the other hand, Professor Atiyah (1968b) argues that, There is no such thing as a standard contract for all . It was said that contracts are discrete, two-party, commercial, executive exchanges, but notes that the contracts can be found that deviate from each of the functions of the classical model. In addition, the Atiyah perceived contract law as a set of power conferring rules, which allow parties to enter into an agreement their own choice on their own terms. Dominant ideology that contracting parties should, as far as possible to make arrangements on their own terms without the intervention of the courts by their charters and agreements must be respected and protected and enforced by the courts. However, Atiyah `S theory on the basis of contract law is largely discredited. This is due to the fact that doctrines such as illegality can not be attributed to the will of the parties can not statutes, such as unfair terms of contract law `1977 (UCTA 1977).

In addition, the contractual agreement can only be obtained through the three key elements, competent parties, consideration and mutual consent. To invalidate the agreement, each party must be able to enter into it. Most people and companies sufficient legal competence. Drugs or mentally impaired by human potential and the likelihood that a court can not assume that people with the contract. Minors (for example, usually before the age of eighteen) can not usually enter into a legally binding contract without the consent, if not for the necessities of life such as food, clothing, or on the student loan contracts. Secondly, consideration is important binding contract. If the other party to be held in the contract, you must give something in return. Thomas W. Thomas [1842] 2QB851 , where it was noted that $ 1 paid to the widow and promise to keep the house in good condition, the testator was a good review, as it was worth in the eyes of the ...