Introduction The doctrine of consideration defines one of the essential elements required for contractual liability in the common law. The redefinition of such a principal criterion inevitably results in transformation in the reaches of contract law. Williams v Roffey Brothers and Nicholls (Contractors) Ltd advocates for such a shift in the boundaries of contractual liability, and thus initiates controversies regarding its desirability. The Roffey case, in essence, extends the limits of contractual
(Contractors) Ltd [1991] 1 QB 1, made the doctrine of economic duress vitally important in preventing extortion or improper threats in English Contract Law? The general rule in English contract law is freedom of contract, namely that any agreements entered into by parties of full age and capacity, if intended to be legally binding and if supported by consideration, will be treated as legally enforceable by the courts. The English law has, however, recognized two doctrines which provide a means for a claimant
When we look into the sphere of private law theory, utmost importance has been given to the remedy aspect of it. In recent tort law developments the area of English Unjust Enrichment law has been increasingly concentrated on. Conventionally, restitution was the only gain-based remedy, but in present times the internal feature of private law has paved way for other gain-based remedies to be adopted. The most widely used remedy is however the concept of compensation, a loss-based remedy. Professor
CHAPTER 3: HISTORICAL BACKGROUND OF THE DOCTRINE OF INSURABLE INTEREST THE CONCEPT OF INSURABLE INTEREST An understanding of the concept of insurable interest from a historical perspective starts with an understanding of the development of the notion of “interest theory” according to Mothupi . According to Reinecke , the doctrine of insurable interest originated within the womb of the doctrine of interest . The doctrine of insurable interest formed part of this long adage whose origins are traced
The regulation of loss of chance was highlighted in the year 1911 in the case of Chaplin V Hicks . Even after a century, perplexity encompassing this tenet still awaits on. Loss of chance damages reinforces the principal objective of contract law in remediation of breach. They secure the reasonable expectations of the respective parties and the interests of those who have reasonably relied on the promises or behaviours of others . However, what makes the loss of chance matter complex is that it
Indian Contract Act, 1872 and its inadequacies with respect to eradicating ‘unjust enrichment’ in frustrated contracts. This paper seeks to analyze the effects of frustration with special reference to the restitution of benefits received by a party, who is not entitled to such benefit. If an agreement being deemed void, subsequent to certain obligations being fulfilled by either party, there would continue to subsist, rights to make good the loss caused. Section 65 of the Indian Contract Act, 1872
TASK 1- Explain the importance of the essential elements required for the formation of the contract The Essential Elements of a Contract Offer This is an offer to be an expression to contract based on a set of specified terms, with the intention that it will become binding immediately when accepted by the recipient. According to an objective test of agreement, an obvious intention to bind may appear, the person who offers may be bound if his words lead the person to believe that there is an intention
He affirmed that all people are equivalent, without any consideration. John Locke added to the idea further in his book, 'Two Treatises Government.' He contended that each individual has a natural right to life, personal liberty, and property, and that no legislative power has force to deny people of these rights in light of the fact that they had appreciated them even before the making of the common or political
restitution: 5 5) Minor Seeking Relief, Compellable to Restore 5 6) BENEFICIAL CONTRACT 5 CONCLUSION 6 INTRODUCTION The law relating to contracts in India is contained in Indian Contract Act, 1872.Under Section 2 (H) of this act, it is said that an agreement enforceable by law is said to be a contract when documented and signed. It was a question whether a mortgage executed by a minor in form of a contract is enforceable against him or by any other person on his behalf. CASE BRIEF The
SEMINAR Introduction Unconscionablity Unconscionability is a doctrine in contract law that describes terms that are so extremely unjust, or moreover one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience. Thus, it is determined by examining the circumstances of the parties when the contract was made, such as their bargaining power, age, and mental capacity. Other issues might include lack of choice, superior knowledge, and other obligations