Summary
Summary contract law
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Summary of 3 pages for the course Contract at UoW (history)
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Glandvil - writer in 12th century , attempted to write a book about obligations in what was England and Wales, Scotlandwas not part of britain at the time
William Holsworth - identifies glandvil as being the first legal writer
Refers to some old ideals, some anglo saxon, ideas which came about before the norman conquest (1066).
Very few people around, didn't have the mega cities of today, countrie was impenetrable woodland, not a lot of law
occuring, what was going on was based on support. people got land as a reward if they supported the king.
Remodelling - End 13th/ 14th/ start 15th ; beginnings of things which we recognise as contract law, but is still early on in
the process.
Modern law - end 15th/ 16th start 17th, start looking at what might be the birth of modern law.
The common law
C12th onwards
Royal courts
- C1180 Glanvil
- C1209 Cambridge uni
- C1215 Magna Carta
- C1210-68 Bracton
- C1348 Black Death
- C1387 Canterbury tales
Case law derived through the courts, royal courts where judges develop the case law. Based on king
The writ system
- Used to be a common term
- Written action, order, system,
- Originally from the king
- Wrote to someone who needed to attend before the king's courts and the king would dispense justice, and
when he was busy he got people to dispense justice on his behalf.
Covenant
- Compel performance of an agreement to do
Debt
- Agreement to pay a sum of money
- If you don't pay, have a writ sent to you, requiring you to pay
- Clever scheme devised, courts relied on people being brutally honest
Wager of law
- 11 people to confirm i don't owe money, let off and don't have to pay
How they worked
- These two writs required actual performance which meant that actual performance had to still be possible
- There was no remedy of damages
The intervention of chancery and the birth of equity
- C15th / 16th
- Knew common law was the king's law, and the courts were the kings courts.
- The writ system was based on the kings orders
- King didn't have time to deal with all the complaints occuring
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