Considerations for Contract Law

“A Contract is an agreement giving rise to the obligation which are enforced or recognised by law”. The development of the rules and procedures set out in Contract Law is derived from the common law and statutes. Individual judge’s decisions on disputes, which grew over time, generated the ideas of what constituted as a contract. The view that English contract law is handicapped by the narrow range of backgrounds which judges are drawn; has been refuted here. This is due to the fact that English Contract rules set out through the formation, duress, illegality, capacity, frustrated contracts and remedies; which embark on representing society as a whole and especially on ordinary members of society. Judges in the English judiciary are unrepresentative, although, this has no impact on the law of contract, due to their decisions are based on facts and interpretation of the law, thus, a judge's opinion does not constitute a decision. However, this essay does not refute the fact the Judges in the judiciary have been known to be an ‘Old Boys club’. Although, the introduction of the Judiciary Appointments Committee, directs the judiciary to a reform of being representative. Hence, this essay aims to show that Contract Law Rules are not unfair to the ordinary members of society and the backgrounds of judges do not handicap the law of contract. Additionally, to show a reform put in place to make judges representative.

The view that the judiciary system is built up by the narrow range of backgrounds of judges predominantly being elderly, white, Eton and Oxford educated men causes the system to be unrepresentative has not been refuted here. This is due to the judicial statistics of 2013 showing that out of the 3,621 judges appointed, only 2...

... middle of paper ...

...reach of contract, or those damages within the reasonable contemplation of the parties at the time of contracting. This shows that a remedy aims to put the innocent party into the position if the contract had been performed. Additionally, Victoria Laundry Ltd v Newman Industries demonstrates, that the innocent party to claim damages above the reasonable foreseeable consequences, the defendants have to be aware of the circumstances. Furthermore, Nutbrown v Thornton , illustrates that Specific Performance is used only when damages are inadequate. As the claimant was not able to buy the machines elsewhere. Thus, the doctrine of remedies reflects the attitude of ordinary members of the society. Contract law sets out to protect the innocent party; Demonstrating that judges being unrepresented do not have an impact on contract law, permitting it to be claimed as fair.