3. Enforceability of promises: consideration and promissory estoppel

2021 ◽  
pp. 97-144
Author(s):  
Robert Merkin ◽  
Séverine Saintier ◽  
Jill Poole
Keyword(s):  
Contract Law ◽  
General Requirement ◽  
Binding Effect ◽  
Legal Duty ◽  
English Law ◽  
The Law ◽  
And Performance

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas on the law curriculum. Under English law, bargains and not gratuitous promises are enforced, thus a promise will not be enforceable if it is not contained in a deed (implying that any promise is taken seriously) or supported by consideration. Consideration refers to an act or a promise given in exchange for the promise (that is, the price for which the other’s promise was bought). The law does not recognize some acts or promises as good consideration, such as past consideration and performance of an existing legal duty. This chapter examines the general requirement in English law to provide consideration in order to enforce a contractual promise. The consideration requirement is relevant not only to the formation of a contract but also to the enforceability of promises altering the terms of an existing contract (alterations). An alteration promise that is not supported by consideration may still have some binding effect on the basis of the doctrine of promissory estoppel.

4. Enforceability of promises: consideration and promissory estoppel

2019 ◽  
pp. 123-169
Author(s):  
Robert Merkin ◽  
Séverine Saintier
Keyword(s):  
General Requirement ◽  
Binding Effect ◽  
Legal Duty ◽  
English Law ◽  
The Law ◽  
And Performance

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Under English law, bargains and not gratuitous promises are enforced, thus a promise will not be enforceable if it is not contained in a deed (implying that any promise is taken seriously) or supported by consideration. Consideration refers to an act or a promise given in exchange for the promise (that is, the price for which the other’s promise was bought). The law does not recognize some acts or promises as good consideration, such as past consideration and performance of an existing legal duty. This chapter examines the general requirement in English law to provide consideration in order to enforce a contractual promise. The consideration requirement is relevant not only to the formation of a contract but also to the enforceability of promises altering the terms of an existing contract (alterations). An alteration promise that is not supported by consideration may still have some binding effect on the basis of the doctrine of promissory estoppel.

1. Introduction

2020 ◽  
pp. 1-28
Author(s):  
Jack Beatson ◽  
Andrew Burrows ◽  
John Cartwright
Keyword(s):  
Contract Law ◽  
Property Law ◽  
Unjust Enrichment ◽  
Different Types ◽  
English Law ◽  
The Law ◽  
Contractual Obligations ◽  
And Function

This introductory chapter first considers the nature and function of contract. It then discusses the contractual obligations in English law; the content of the contract law as set out in this book, which is concerned with the ‘general principles’ of contract rather than the detailed rules applicable to different types of contracts; the location of contract as part of the law of obligations and its relation to other parts of the law of obligations, tort and restitution of an unjust enrichment, and property law.

15. Good faith

Contract Law ◽  
2018 ◽  
Author(s):  
Mindy Chen-Wishart
Keyword(s):  
Contract Law ◽  
Good Faith ◽  
Diverse Range ◽  
General Duty ◽  
English Law ◽  
The Law ◽  
The Difference

English law does not currently recognise a general duty of good faith, but this position is increasingly being challenged. In addition, good faith informs a diverse range of legal doctrines and principles. This chapter addresses the following: the meaning of good faith; good faith in current contract law; and the nature of good faith. It further considers whether English law should recognise a general good faith doctrine and the difference this might make to various aspects of the law.

The Duty to Rescue in Contract Law

2018 ◽  
Author(s):  
Melvin A. Eisenberg
Keyword(s):  
At Risk ◽  
Significant Risk ◽  
Contract Law ◽  
Contractual Relationship ◽  
Material Cost ◽  
Legal Duty ◽  
And Performance

Chapter 9 concerns contexts in which two parties, A and B, have either entered into a contract or taken significant steps to form a contractual relationship, and B is at risk of incurring an unbargained-for loss that A could prevent by taking an action that would not require her to forgo a bargaining advantage, undertake a significant risk, or incur some other material cost. In the contexts described in this chapter A is under a moral and legal duty to take action—a duty referred to in this book as the duty to rescue in contract law. Among the contexts in which the duty is imposed are silence as acceptance, late acceptance, and performance.

8. Mistake

2021 ◽  
pp. 315-358
Author(s):  
Robert Merkin ◽  
Séverine Saintier ◽  
Jill Poole
Keyword(s):  
Subject Matter ◽  
Common Law ◽  
Contract Law ◽  
Third Parties ◽  
Common Mistake ◽  
English Law ◽  
The Law

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas on the law curriculum. This chapter focuses on the legal treatment of ‘mistake’. It considers mistakes that prevent agreement (mutual or cross-purposes mistakes and unilateral mistake as to terms, particularly identity mistakes). It also examines the remedy of rectification when the contract does not accurately reflect what the parties agreed. It also considers the defence of non est factum. It then considers mistakes that are presumed to nullify consent if both parties entered into the contract under the same fundamental mistake. The doctrine of common mistake in English law is designed to protect the interests of third parties and to ensure certainty in transactions. A fundamental common mistake arises in cases where there is true impossibility or failure of consideration; the contract is automatically void and any money or property involved has to be returned. Distinctions can arise depending upon whether the impossibility is initial (common mistake) or subsequent (frustration doctrine). Categories of common mistake at common law include mistake as to subject matter (res extincta) and mistake as to ownership (res sua). A mistake as to quality will rarely be sufficiently fundamental to render the contract void. This chapter also discusses Lord Denning’s attempts to introduce an equitable jurisdiction to set aside on terms in cases of mistakes as to quality. These were rejected in Great Peace Shipping Ltd v Tsavliris (International) Ltd meaning that there is no remedial flexibility in such instances.

1. Introduction

2021 ◽  
pp. 1-14
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Contract Law ◽  
Legal Knowledge ◽  
Unjust Enrichment ◽  
Economic Context ◽  
Key Points ◽  
English Law ◽  
The Law

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This introductory chapter explains how contract law is structured and how it fits into the overall scheme of the law of obligations and into English law more generally. It explains the boundaries between contract law, torts and unjust enrichment and restitution. It also explains the wider range of situations covered by the law of contract, and puts the law of contract into its social and economic context.

1. Introduction

Contract Law ◽  
2017 ◽  
Author(s):  
TT Arvind
Keyword(s):  
Contract Law ◽  
The Will ◽  
English Law ◽  
The Law ◽  
Bundle Of Rights

This introduction provides an overview of contracts and the law of contract. It first explains what the law of contract is about and why it matters before discussing the tasks of contract law. It then considers the role of debates in contract law, unity and diversity in contract law, and central issues in contract law. It also examines the main perspectives about contract that have influenced English law, including perspectives that used to be historically important. In particular, it explores the notions of bargains and the will. The chapter goes on to address two very different understandings of contracts: one that sees it primarily as a bundle of rights, and one that sees it as a relationship between the parties.

1. Introduction

2019 ◽  
pp. 1-14
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Contract Law ◽  
Legal Knowledge ◽  
Unjust Enrichment ◽  
Economic Context ◽  
Key Points ◽  
English Law ◽  
The Law

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This introductory chapter explains how contract law is structured and how it fits into the overall scheme of the law of obligations and into English law more generally. It explains the boundaries between contract law, torts and unjust enrichment and restitution and also explains the wider range of situations covered by the law of contract and puts it into its social and economic context.

1. Introduction

2017 ◽  
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Contract Law ◽  
Legal Knowledge ◽  
Unjust Enrichment ◽  
Economic Context ◽  
Key Points ◽  
English Law ◽  
The Law

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This introductory chapter explains how contract law is structured and how it fits into the overall scheme of the law of obligations and into English law more generally. It explains the boundaries between contract law, torts and unjust enrichment and restitution and also explains the wider range of situations covered by the law of contract and puts it into its social and economic context.

‘The Great Britain of the South’: the Law of Contract in Early Colonial New Zealand

2019 ◽  
Vol 60 (1) ◽  
pp. 30-47
Author(s):  
Warren Swain
Keyword(s):  
New Zealand ◽  
Great Britain ◽  
Contract Law ◽  
Point Of View ◽  
Legal Tradition ◽  
The South ◽  
Local Conditions ◽  
Early Colonial ◽  
English Law ◽  
The Law

Abstract Some nineteenth century writers like the Scottish born poet William Golder, used the term ‘the Great Britain of the south’ as a description of his new home. He was not alone in this characterisation. There were of course other possible perspectives, not least from the Māori point of view, which these British writers inevitably fail to capture. A third reality was more specific to lawyers or at least to those caught up in the legal system. The phrase ‘the Great Britain of the south’ fails to capture the complexity of the way that English law was applied in the early colony. The law administered throughout the British Empire reflected the common law origins of colonial legal systems but did not mean that the law was identical to that in England. Scholars have emphasised the adaptability of English law in various colonial settings. New Zealand contract law of this time did draw on some English precedents. The early lawyers were steeped in the English legal tradition. At the same time, English authorities were used with a light touch. The legal and social framework within which contract law operated was also quite different. This meant, for example, that mercantile juries were important in adapting the law to local conditions. Early New Zealand contract law provides a good example of both the importance of English law in a colonial setting and its adaptability.

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