合同法01Introduction
- 格式：doc
- 大小：23.00 KB
- 文档页数：2
合同法
Introduction
Contracts are made to allow parties to exchange goods or services and are
fundamental to the functioning of an economy. There are 3 questions which
the law asks of contracts:
Has a binding agreement been
formed?
What are the obligations imposed
upon each party?
What are the possible remedies
for a breach?
Initially, the focus of this section will be on the first question: has a binding
agreement been formed? There are a few points to note at the outset.
Firstly, there are 2 types of contracts: unilateral and bilateral contracts. A
unilateral contract is one where a conditional promise is made to a group of
people. For example, if I promise you £100 for finding my dog (if I had a
dog) and bringing it back to me; if you had performed those conditions, I
would be obliged to pay you £100. A bilateral contract is what most people
would say is a typical contract. It is a promise for a promise, where both
sides agree to do something in an exchange.
Secondly, any contractual dealings are based on a test of objectivity, as was
said in the case of Smith v Hughes [1871] that:
If, whatever a man’s real intentions may be, he so conducts himself that a reasonable
man would believe that he was assenting to the terms proposed by the other party, and
that other party upon that belief enters into the contract with him, the man thus
conducting himself would be equally bound as if he had intended to agree to the other
party’s terms.
So even if you cross your fingers behind your back, you can still be
contractually bound.
Finally, there are 3 requirements for any contract. There must be a binding
agreement, an intent to create legal relations and some consideration. The
latter is a common law concept applicable in English Law.
Next: Contractual form
