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rules of contract law
introduction law of contract
introduction law of contract
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Law is “that portion of the established habit and thought of mankind which has gained distinct and formal recognition in the shape of uniform rules backed by the authority and power of the Government” Woodrow Wilson. Rules are established by the state and then they are controlled and run by those having legal power in the society. It consists of strict guidelines which run and correct wrong behavior in the society. Those who do not obey the law will be brought to justice and punished .Law must protect humanity or human rights, the purpose of law is that it should According to Ukessays.com (n.d) is a set of rules governing the relationship, content and validity of an agreement between two or more persons. Law of contract, a contract is an agreement …show more content…
Contract law helps make a variety of contracts enforceable and benefit both parties in a contract. Contract law is a system of rules which are used to run agreements and make sure that each party within an agreement serves its duties and receives its rights. The main purpose of a contract is to validate the agreement that both parties have taken and to carry out their rights and duties in accordance with what is agreed upon. Contract law has been more formally defined as a promise or set of promises which the law will …show more content…
It is through contract of law where enforceable agreements are reached. The exchanges made in the market place rely on those agreements. Forms of Contracts There are different forms of contracts the vary basing o the execution, validity and nature of consideration. I will discuss Bilateral contracts, Unilateral contracts, Void contracts, Voidable contracts and Bilateral contracts is about both entities have to deliver their obligation and duties as stated in the agreement Unilateral contracts whereby consideration is to be served by one of the party to the other one after the contract. Offer can be revocable until accepted as a result offer becomes irrevocable after performance has started. Valid contract the contract which is enforceable in the court of law, these contract has to have certain qualities which include consensus, free consent, certainty, legal obligations, capacity of parties, possibility of performance and lawful object. Most importantly is that it has the legal strength or binding effect. Void contract this contract cannot be enforced in a court of law because it like the is no contract at all because no legal force or binding
"A contract is a legally enforceable promise or set of promises. In other words, when promises have the status of contract, the contracting party harmed by a breach of the contract is entitled to obtain legal remedies against the breaching party" (Mallor et al., 2015, p. 320)
1) The Common Law: Most contracts are controlled by the state’s common law, which is a traditional based set of laws that are mostly judge-made, from precedent court decisions.
Law is a very important aspect of our lives which lays down the principles of our day to day activities. There is not a right or wrong definition of law, however it can be defined in various ways such as a set of rules and regulations created by the Parliament enforced through institutions that plays an important role in the creation and maintenance of social order and which regulates every aspect of our lives, another definition is provided by Sir John Salmond who defines law “as being the body of principles recognised and applied by the state in the administration of justice”.
The area of law that is required in order to form a legally enforceable contract is agreement.
Law is a set of rules and boundaries that are established by authorities which must be obeyed, otherwise, a sanction may be given. Law was described by Sir John Salmond as ‘the body of principles recognised and applied by the state in the administration of justice’. John Austin described law as ‘a body of rules fixed and enforced issued by a sovereign political authority to an inferior and enforced by coercion’.
1. The term law is a system of principles and processes on which people in a society deal with problems and disputes then seeking to solve or settle them without resorting to any force. The sources in which the law is derived are common law, statutory law and administrative law.
A law is a civilizations preferred behaviors that are protected, enforced and punished by a system of rules. When a behavior has been intentionally violated by action, penalties / punishments would be implemented by an in authority of that
Contractual agreement has always been viewed in terms of offer and acceptance. The universal principle to contract law has always been parties may get into an agreement in whichever way they deem fit and they are subject to certain terms as they choose. As far as legal requirements vital to their formation are binding contracts may be formed. Moreover a binding agreement may be manifested in terms of writing or in verbal form.
"Law is a rule laid down for the guidance of an intelligent being by an intelligent being having power over him. A body of rules fixed and enforced by a sovereign political authority." (John Austin). "Law is the cement of society and also an essential medium of change. Knowledge of law increases someone understanding of public affairs. Its study promotes the accuracy of expression, facility in argument and skill in interpreting the written word, as well as some understanding of social values". (Glanville Williams). In other word, law is the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. The purpose of law is to
Law is a set of enforced rules and regulations that society must follow. It controls and governs our activities and if broken may result in some form of punishment.
What is law? Is it written? Where does it come from? Law is a phenomenon of large societies with sovereign: a determinate person or group of people who have supreme and absolute de facto – power, and they are obeyed by all or most others but do not obey anyone else.
The basic law of a contract is an agreement between two parties or more, to deliver a service or a product. And reach a consensus about the terms and conditions that is enforced by law and a contract can be only valid if it is lawful other than that there can’t be a contract. For a contract to exist the parties must have serious intentions, agreement, contractual capacity meaning a party must be able to carry a responsibility, lawful, possibility of performance and formalities. Any duress, false statements, undue influence or unconscionable dealings could make a contract unlawful and voidable.
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
According to Reference.com (2007), law is defined as: "rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct." Essentially law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions.
Law is one of the most important elements that transform humans from mere beasts into intelligent and special beings. Law tells us what is right and wrong and how we, humans, should act to achieve a peaceful society while enjoying individual freedoms. The key to a successful nation is a firm, strong, and fair code of high laws that provides equal and just freedom to all citizens of the country. A strong government is as important as a firm code of law as a government is a backbone of a country and of the laws. A government is a system that executes and determines its laws. As much as fair laws are important, a capable government that will not go corrupt and provide fair services holds a vital role in building and maintaining a strong country.