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Lecture notes

Contract Law Notes
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Very detailed lecture notes can also be used as revision notes for exams. Include 11 detailed word documents for each topic which may come in exams or in studying contract law in general. All of 1st year topics in one.

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  • April 23, 2022
  • 2
  • 2021/2022
  • Lecture notes
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Introduc)on to Law 2018


Introduction to Contract Law


General Introduc.on to Contract Law

Defini.on:

“A Contract is an agreement giving rise to obliga3ons which are enforced or
recognised by law” - E Peel, Treitel on The Law of Contract, 14th edn (London: Sweet &
Maxwell, 2015), [1–001]


The classifica.on of Contract law:

1) ‘Public law’ v ‘Private Law’

2) The law of obliga)on consists of:


- Contract Law (chosen obligaHons between one another that is bound
contractually.)

- Tort Law (obligaHons that are imposed on us in relaHon to people with whom we
have contact with.)


- Res.tu.on Law (obligaHons that tend to arise in situaHons where somebody has
been unjustly enriched at the expense of someone else.)

(Contract Law is a component of ‘The Law of ObligaHons”)


What are the main differences between the components of the Law of Obliga.ons?

1) Contract v Tort

- Contractual obliga)ons are voluntarily assumed, while Tor)ous ones are imposed
by the law.
- Contract Law is said to be “facilita)ve”, but Tort is considered to be “protec)ve”
- By “facilita)ve” we mean that contract laws is about providing a forum for two
en))es to reach an agreement, based on agreed terms. Facilita)ng rela)ons.
- Whereas Tort law is about protec)ng people.
- In contract law the remedies seek to put you in a posi)on you would have been
in if the contract where performed. Fulfilling the contract.

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