6. Formalities

Contract Law ◽  
2018 ◽  
Author(s):  
Ewan McKendrick
Keyword(s):  
General Rule ◽  
Contract Law ◽  
Legal Systems ◽  
The Past ◽  
The Future ◽  
The Law ◽  
Formal Requirements ◽  
Made In

Requirements of form (such as writing) are not as important today as they were in the past. As a general rule, contracts can be made in any form and can be proved by any means, although there remain exceptional cases where the law does insist upon requirements of form. This chapter, which considers the reasons for continued reliance upon requirements of form, along with the criticisms levelled against such requirements, begins by explaining why legal systems impose formal requirements upon contracting parties. It then outlines the formal requirements in English contract law, followed by a discussion of the future of formal requirements, noting the distinction between cases where the contract must be made in writing and cases in which contracts must be evidenced in writing.

6. Formalities

Contract Law ◽  
2020 ◽  
pp. 245-258
Author(s):  
Ewan McKendrick
Keyword(s):  
General Rule ◽  
Contract Law ◽  
Legal Systems ◽  
The Past ◽  
The Future ◽  
The Law ◽  
Formal Requirements ◽  
Made In

Requirements of form (such as writing) are not as important today as they were in the past. As a general rule, contracts can be made in any form and can be proved by any means, although there remain exceptional cases where the law does insist upon requirements of form. This chapter, which considers the reasons for continued reliance upon requirements of form, along with the criticisms levelled against such requirements, begins by explaining why legal systems impose formal requirements upon contracting parties. It then outlines the formal requirements in English contract law, followed by a discussion of the future of formal requirements, noting the distinction between cases where the contract must be made in writing and cases in which contracts must be evidenced in writing.

scholarly journals Israel: Is COVID-19 Expected More Than a War? (The Increase in Customs Value in Israel, Due to the COVID-19 Increase in Transport Prices - The Problem, and the Solution)

2021 ◽  
Vol 5 (11) ◽  
pp. 20-23
Author(s):  
Omer Wagner ◽  
Keyword(s):  
The State ◽  
Transportation Costs ◽  
The Past ◽  
The Law ◽  
Made In

Sea freight prices have risen sharply, due to the COVID-19 crisis, global shortages of ships, declining competition in the field, and containers of contagious demand. The increase in transportation costs leads to the increase in the value of goods for customs purposes, and to a further collection of customs duties. The Israeli law allows the state to facilitate importers and waive the extra customs duties, and similar and other facilitations have been made in the past. Therefore, all that is required is the flexibility and activation of goodwill on the part of the state, when interpreting the law.

5. Non-contractual promises

Contract Law ◽  
2017 ◽  
Author(s):  
TT Arvind
Keyword(s):  
Contract Law ◽  
The Past ◽  
The Law

This chapter considers how promissory and proprietary estoppel intersects with the law of contract. Where an agreement is unenforceable at contract law because some legal prerequisite or formality has not been met, that role is played by the law of estoppel. The law of estoppel works by deeming a party to be legally prevented (‘estopped’) from going back on something she has in the past asserted, promised, or accepted. The effect of estoppel is to hold the person to that past assertion or promise, by preventing her from resiling from it. This chapter first examines the context of promissory estoppel before discussing its requirements and its effect, such as suspending rights and extinguishing debts. It then explains the requirements of proprietary estoppel, namely: there must be a promise or encouragement; the promise or encouragement must induce reasonable reliance; reliance must be detrimental; and unconscionability.

5. Non-contractual promises

Contract Law ◽  
2019 ◽  
pp. 114-136
Author(s):  
TT Arvind
Keyword(s):  
Contract Law ◽  
The Past ◽  
The Law

This chapter considers how promissory and proprietary estoppel intersects with the law of contract. Where an agreement is unenforceable at contract law because some legal prerequisite or formality has not been met, that role is played by the law of estoppel. The law of estoppel works by deeming a party to be legally prevented (‘estopped’) from going back on something she has in the past asserted, promised, or accepted. The effect of estoppel is to hold the person to that past assertion or promise, by preventing her from resiling from it. This chapter first examines the context of promissory estoppel before discussing its requirements and its effect, such as suspending rights and extinguishing debts. It then explains the requirements of proprietary estoppel, namely: there must be a promise or encouragement; the promise or encouragement must induce reasonable reliance; reliance must be detrimental; and unconscionability.

5. Consideration and Promissory Estoppel

Contract Law ◽  
2020 ◽  
pp. 142-244
Author(s):  
Ewan McKendrick
Keyword(s):  
Contract Law ◽  
Limited Effect ◽  
The Future ◽  
The Law

The doctrine of consideration is one feature of English contract law that readily distinguishes it from the law of contract in civilian jurisdictions. Its essence is that a promisee cannot enforce a promise unless he has given or promised to give something in exchange for the promise, or unless the promisor has obtained (or been promised) something in return. In other words, there must have been a bargain between the parties. This chapter analyses the current scope of the doctrine of consideration, particularly the rule that consideration must be sufficient but need not be adequate; the pre-existing duty rule and the question whether a promise to pay, or part payment of a debt, is good consideration for the discharge of the entire deb; and the rule that past consideration is not good consideration. It also examines the role of promissory estoppel in contract cases. An estoppel gives (at least limited) effect to a promise that would otherwise be unenforceable, thus the effect of an estoppel may be to supplement, or even supplant, the doctrine of consideration. The chapter concludes with a brief discussion of the future of the doctrine of consideration and, in particular, draws on the critique of consideration developed by Professor Atiyah.

Unenforceable Contracts and Unjusticiable Contracts: Secs. 32–33 of the Contracts (General Part) Law, 1973

1986 ◽  
Vol 21 (3-4) ◽  
pp. 425-449 ◽  
Author(s):  
Gabriela Shalev
Keyword(s):  
Civil Law ◽  
Contract Law ◽  
The Future ◽  
General Part ◽  
The Law ◽  
Preparatory Work

The Contracts (General Part) Law, 1973, is the fundamental statute in Israeli contract law, and will in the future serve as the basis for the codification of Israel civil law. The Law was enacted following a decade of meticulous preparatory work by a committee headed by Professor Tedeschi. Prof. Tedeschi was the leading intellectual force in this committee; his influence is apparent in the approaches, principles and concepts of the Law, as well as in its particular provisions. Prof. Tedeschi also devoted a part of his prolific writings to the realm of contracts law. This article, dealing with only two sections of the wide-ranging Contracts (General Part) Law, is dedicated with admiration to the father of Israeli modern contract law.

The Landau Commission Report – Was the Security Service Subordinated to the Law, or the Law to the “Needs” of the Security Service?

1989 ◽  
Vol 23 (2-3) ◽  
pp. 216-279 ◽  
Author(s):  
Mordechai Kremnitzer
Keyword(s):  
Prima Facie ◽  
Terrorist Activity ◽  
Evaluative Judgments ◽  
The Past ◽  
Security Service ◽  
The Future ◽  
Commission Report ◽  
The Law ◽  
Moderate Measure ◽  
Significant Support

The principal significance of the Landau Commission Report lies in its conclusion that, under the provisions of the necessity defence, the exertion of a moderate measure of physical pressure is both justifiable and permissible in the interrogation of persons suspected of hostile terrorist activity (HTA). This conclusion extends both forward to the future and backward to the past. For the future, it licenses the employment of physical pressure in such investigations; as to the past, it lends significant support to another of the Commission's conclusions, that no proceedings be instituted against persons who were found by the Commission to bear prima facie responsibility for serious criminal offences (i.e., perjury at the very least). In my opinion, the Commission's central conclusion and its implications are unjustified. It is based upon factual findings and evaluative judgments which are, as I shall attempt to demonstrate, problematic.Before embarking, however, I should like to sketch a synoptic view of the Report for the reader, which will then enable me to expand upon the connection between the Commission's factual and evaluative findings and its normative conclusions. Regarding the facts, the Commission determined that: 1) GSS interrogators had systematically employed physical pressure on HTA suspects; and 2) interrogators had lied about this fact to the courts. The Commission's normative conclusions were that it is permissible to employ physical pressure in HTA interrogations, but forbidden to lie to the court.

The Potential for Immersive Technology combined with Online Dating

2017 ◽  
Vol 5 (4) ◽  
pp. 125-135
Author(s):  
David Evans Bailey
Keyword(s):  
Online Dating ◽  
Digital Economy ◽  
The Past ◽  
The Future ◽  
The Impact ◽  
Immersive Technology ◽  
Made In ◽  
Immersive Technologies ◽  
The Way

Whilst online dating has been around for several years; immersive technologies are relatively new to this type of interaction. The first forays into immersive VR online dating have only just being made in the past year. To what degree this type of technology will change the way that we date is potentially quite different from the current way that online dates are conducted. The way the technology works could make virtual dates seem as real as a physical date. Understanding how immersive technology functions gives some insights into the future of online dating and also the impact on the digital economy.

Supercarboranes: Achievements and perspectives

2012 ◽  
Vol 85 (4) ◽  
pp. 661-670 ◽  
Author(s):  
Jian Zhang ◽  
Zuowei Xie
Keyword(s):  
Reducing Agents ◽  
Future Perspectives ◽  
Significant Progress ◽  
Boron Clusters ◽  
The Past ◽  
The Future ◽  
Made In ◽  
Carborane Anions

This article highlights the achievements in the chemistry of supercarboranes (carboranes with more than 12 vertices) in the past decade and the future perspectives. The chemistry of boron clusters has been dominated by 12-vertex carboranes for several decades. Only in recent years has significant progress been made in the chemistry of supercarboranes. Such a breakthrough relies on the use of CAd (carbon-atoms-adjacent) 12-vertex nido-carborane anions as starting materials. A series of 13- and 14-vertex carboranes as well as their corresponding 14- and 15-vertex metallacarboranes have been prepared and structurally characterized. Reactions of supercarboranes with reducing agents, electrophiles, and nucleophiles are studied, which reveal a more diverse and richer reaction chemistry than their icosahedral cousins.

scholarly journals THE CISG AND PARTY AUTONOMY IN BRAZILIAN INTERNATIONAL CONTRACT LAW

2018 ◽  
Vol 1 (1) ◽  
pp. 173-186
Author(s):  
Iacyr De Aguilar Vieira
Keyword(s):  
Contract Law ◽  
Legal Systems ◽  
Party Autonomy ◽  
The Law

This paper focus on the principle of party autonomy in the choice of the law applicable to international contracts under CISG and Brazilian law. It analyses the different possibilities of application of this principle as well as its limits under both legal systems.

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