Summary
Summary Theories and themes
- Module
- Contract
- Institution
- University Of Winchester (UoW)
Summary of 2 pages for the course Contract at UoW (Contract law)
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Important cases- Partridge V Crittenden
Theory is an idea which helps us make sense of a certain subject; the idea of law, contract law and how a contract develops
Also need to look at themes related to contract law
If judges do things in a certain way, they will continue to do so, however this may change is society and its needs develop. This
could be down to being industrialised, consumer focused.
Leading writers
Linda mulcahy – wrote the book “contract law in perspective” - Doesn’t tell you an awful lot about what contract law is.
John Adams and roger brownsord – understanding contract law
Roger Brownsword –
Industrial revolution and the needs of the business community
1750 – 1850
1750; 6 million people in England and wales
1850; 18 million people in England and wales
More people, means more things, more things means more business and this means consumers,
Cotton, iron, coal increased in %
Scotland was not part of Great Britain as their legal system developed. Their legal system is different to that of Great Britain
Q – should law reflect commercial needs or should it impose its own standards onto business?
A lawyer’s perspective – what do they want? To advise the law, know what it is, what the rules are, easy to understand and
get on with it
A business perspective – what do they want? Not to use lawyers (expensive), no law, free for all, do what they want
A state perspective – what do they want? Be seen to be protecting the law, interfere with contracts being produced, contracts
to be fairer and more reasonable.
The classical period of contract law – 19th century
Main theme of this period – The law was concerned with the freedom of contract // you have the freedom to contract, and
the state should not interfere, the freedom to choose what you contract on and who you contract with.
Market individualisation – government wasn’t interfering
Presumptions of the classical model
1. Equal bargaining power
2. Freedom of contract
3. Parties self motivated and self assertive
4. Parties bound not because of promise but because of bargain
Court and law were not interested in the contract you make and whether you had equal bargaining power.
Another format ^
• Agreement based on consent
• Terms self-imposed – imbalance of power irrelevant
- assumes terms were self-imposed, if there wasn't an unbalanced power they weren’t bothered
• Lack of true consent rarely justified setting aside a contract
didn’t want to get into the contract after? – the law states there is no basis to set aside a contract.
• Carry out agreement or pay damages
could work but not be paid by the employer – then what?
could the employer force you to do the work? – would you carry out the job fully/ to good standard?
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