Show MoreA History of English Common Law
The origin of English Common in the 12th century was sparked by the death of King Henry I in 1135. The nephew of Henry I was Stephen, and he was acknowledged to be the rightful king, but the magnates and such had sworn loyalty to Henry’s daughter, Matilda. The entire reign of Stephen, which lasted from 1135 to 1154, was spent fighting with Matilda and her French husband. Upon Stephen’s death the son of Matilda, Henry II, became king in 1154. It was from here on that the King started to take noticeable interest in the dealings of the court system, and put in to place a royal system instead of allowing the lords to deal with all matters in feudal courts.1 According to F. W. Maitland,
…The reign of Henry…show more content…
The treatise called Fleta states that “the Crown asserted a general responsibility for the judicial work of every secular court in the land.” Third, the laws are made in reaction to actual legal controversies, as opposed to the whim of the lawmakers. Fourth, the jury selected becomes increasingly more knowledgeable about the facts and particulars of a certain case. Finally, the supremacy of law is very important to the tradition of common law. All subjects are held responsible for the laws decided, and are all subject to examination. These five principles of common law briefly explain what common law is.6
To differentiate between how the laws of England changed after King Henry II, a comparison of the court system can be used. Local, ecclesiastical, and borough courts decided cases in the old system of English law. Each of these courts could render very different decisions based on the same case and it was acceptable. The common law courts can be listed as Common Pleas, Seignorial courts, King’s Bench, and Exchequer.7
The local courts, or courts of the counties, began to lose their importance as the royal courts, the Common Pleas, began to extend jurisdiction. The people of the area created the local courts; the royalty had nothing to do with it, so these new Common Pleas courts took away certain feelings of local pride. Therefore, these common courts were the most difficult to establish, and for many years many of the hundreds
If you want to know what is contract law, first you need to increase your knowledge about the basics of contracts. By definition, contract is a legally enforceable agreement associated with exchange of goods, services, money and property between two or more parties. Contract law is defined as the body of law that governs oral and written agreements.
You can take professional contracts law essay assignment help from our law experts to write an assignment or understand the topic better.
Types of Contracts in Contracts Law Essay Assignment
An offer, an acceptance and consideration are the three pillars of a contract in contracts law essay assignment. The law recognizes contracts that arise in a number of ways. The contract type in contracts law essay assignment acts as the fundamental relationship between the parties engaged in the business. The contract type determines the project risk.
This form of contract in contracts law essay assignment is enforced by explicit written and spoken language, expressing the agreement and its terms.
This contract in contracts law essay assignment is initiated by the behavior of the parties that clearly shows the intent to enter into an agreement.
This is the most traditional form of contract in contracts law essay assignment. In this contract, each party may be considered as making a promise and being beneficiary of a pledge in contracts law essay assignment.
This type of contract in contracts law essay assignment offers request performance rather than a promise from the person accepting the offer.
- Executed and executory contracts
An executed contract in contracts law essay assignment is one in which nothing remains to be done by either party. An executory contract in contracts law essay assignment is defined as the contract form in which some future act or obligation remains to be performed according to its terms.
This form of contracts in contracts law essay assignment give favors unfairly to one party who has the superior bargaining power.
This contract is written by the party who has the greater bargaining advantage, offering the weaker party the opportunity to adhere.
This is a mutual agreement in contracts law essay assignment that is mainly implemented on the occurrence of an uncertain event.
- Void and Voidable contracts
These contracts in contracts law essay assignment impose no legal rights or obligations on the parties and are not enforceable by a court.
Some other types of contract
- Labor- Hour/Time and Materials
- Letter contracts
- Indefinite Delivery contracts
If you need to write an assignment on any of the contracts, you can go for our online contract law dissertation help.
Courts select the law to be applied with respect to a contract, state our contracts law essay assignment experts. The contracts law essay assignment experts further state that the court considers the place where the contract was entered into and the place of performance of the contract in order to decide which law should govern it. The implementation of the law, the contracts law essay assignment experts state, is also determined by the subject matter of the agreement (e.g. sales of goods, property lease). A contract may be governed by one or two types of state law. Know more through contract law essay help or contracts law essay assignment help.
The Common Law in contracts law essay assignment governs most of the contracts (i.e. employment agreements, leases, general business agreements). This law in contracts law essay assignment is traditional based, but is constantly evolving from court decisions over the years.
- The Uniform Commercial Code (UCC)
The Uniform Commercial Code in contracts law essay assignment is responsible for governing the agreements of sales of goods. This is a standardized collection of guidelines in contracts law essay assignment that govern the law of commercial transaction. Most of the states have implemented the law in whole or in parts. Know more about UCC through contract law essay help or contracts law essay assignment help.
Breach of contract
Breach of contract in contracts law essay assignment is characterized by an unjustifiable failure to perform all or some of a contractual duty by one party. This is when one party — the contracts law essay assignment experts state — may accuse another of failing to perform under the terms of the agreement. Under the law statutes in contracts law essay assignment, a party’s failure to fulfill the promises mentioned in the contract is known as ‘breaching’ the contract.
For example, let’s say ABC entered into a contract with XYZ for purchase of some of its products, mentioning the delivery date on the following Monday evening. XYZ delivers the products to ABC on the following Tuesday morning. ABC is not entitled to any money damages, so breach of contract is not implemented in this matter. But the agreement states that “time is of the essence” and XYZ MUST deliver the product on Monday. If XYZ delivers the products after the deadline, this will be considered as a breach of contract and will deemed “material”. This leads to damages for ABC and XYZ is responsible for it. So XYZ has to pay to ABC under the contract law.
Defenses to breach of contracts
The most common defenses to breach of a contract in contracts law essay assignment are:
- Enforcement of the contract could violate public policy
Example: A contract to divide the liquor license will not be approved by the government because splitting a liquor license between two parties and two locations violates the public policy of the state.
- When enforcement of the law becomes impossible or the purpose of the contract has become frustrated.
Example: A hires B to finish the painting his house, but the house burns down before the implementation of the contract.
- The contract is illegal
Example: Giving contract for murder
- Lack of consideration during the enforcement of the contract
Example: A promises to provide $30 to B, but B does not have to give anything in return.
- The contract enforcement is done by a fraud
Example: A refuses to sell products to B, so B asks C to buy products from A and give it to B.
- The contract contains unilateral mistake that was material to the agreement and the other party knew or should have known of the error.
Example: A hired B to get the sign of Pablo Picasso on a painting for a lot of money. B knew that A thought Picasso had painted it. But in reality Picasso was not the painter. But B did not consider correcting the mistake.
Contract Law of Australia, UK, and USA
Contract law in contracts law essay assignment is implemented by following the various constitutions of different countries. Our contracts law essay assignment experts can throw more on light.
Contract law of Australia
Australian contract law is based on the inherited English contract law, explain our contracts law essay assignment experts. But Australia has altered the law statutes while adopting the statutes from English constitution. Australian law in contracts law essay assignment has developed through the decisions of Australian courts, especially since the 1980s.
- Most states have affected statutes to the sale of goods, such as the Sale of the Goods Act 1986, according to our contracts law essay assignment This legislation in contracts law essay assignment implies conditions and warranties in relation to fitness and merchantability.
- The Australian Consumer Law (ACL) is uniform legislation for consumer protection in contracts law essay assignment, relating to fitness and duty to take reasonable care in some classes of contracts.
Contract Law of UK
UK contract law in contracts law essay assignment is a body of regulating contracts in the state of United Kingdom.
- English law in contracts law essay assignment puts a great effort to ensure people have truly consented to the deals that bind them in court.
- English law in contracts law essay assignment permits the people to enjoy freedom in order to make an agreement on the content of a deal.
- Section 13 of Supply of Goods and Services Act 1982 implies in contracts law essay assignment that services must be performed with reasonable care and skill.
Contract Law of USA
According to US government, US contract law in contracts law essay assignment is responsible for regulating the obligations established by agreement between private parties.
- Common law in contracts law essay assignment is the primary source of contract law in USA too. This legislation was created by courts through the interpretation of prior facts and circumstances. To know more, take contracts law essay assignment.
- United States implements Federal Arbitration Act where the arbitration clauses are generally enforceable unless the party resisting arbitration. To know more, take contracts law essay assignment
Contract Law Assignments
Contracts law essay assignment or law assignments are considered very different from other subjects assignments. There are mainly three types of law assignments:
In law discipline, case study is a problem question on a particular area of law. With case studies in contracts law essay assignment, students get the chance to practice law by applying it to a particular problem or issue. Know more through contract law assignment help.
For example: Sue borrowed a lawnmower from her neighbor Larry. Larry warned Sue not to touch the mower without wearing safety glasses. The reason was the blades may throw back stones. Sue forgot to wear glasses and got struck in the eye by a stone. Identify all the relevant legal issues and determine a resolution.
Law essays in contracts law essay assignment are very different from non-law essays and it takes a great effort to accomplish. The law essay should be highly and organized in a logical way. Like non-law essay, law essay also has introduction, body, and conclusion.
For example: What are the supposed purposes of judicial review of administrative actions and how far does it actually serve them? Support your answer with reference specific areas of administrative law. Know more through contract law assignment help.
- Question-answer style assignments
Question and Answer problem in contracts law essay assignment is another specific area of law assignment writing. After reviewing the given facts, the students have to answer the specific problem through contracts law essay assignment help.
For example: William, while he was drunk and out of his conscious mind, went on placing bids successfully at an auction for the purchase of a house. The auctioneer understood that the William did not know what he was doing. However, William confirmed to get into a contract with the auctioneer. He then subsequently refused to complete the contract. Is William bound to honor the contract?
Difficulties Faced by Law Students
In law assignments, the students are expected to present much of the evidence so they avail contracts law essay assignment help. The testimonies you present must come from legal principles and any relevant policies. The students should skim the information before you implement it in writing. It is seen that law students struggle to get the criteria fulfilled. This is why they feel the need for contract law coursework help or contracts law essay assignment help.
How MyAssignmenhelp.com can Help You in Writing Assignments?
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