Contract in English right

In English Right, the contract is a promise or an agreement reached on a whole of promises. The breach of a contract is recognized by the right, and of the legal remedies can be brought there.

Differentiation of the contractual obligation of the other legal obligations

The Droit of the obligations English was traditionally divided between contractual obligations, which are voluntarily undertaken and due to a person or a whole of people given, and the obligations of responsibility, which are imposed in reparation for a caused injury, imposed obligation juridically and sometimes due to a broader number people. Recently, third categories of obligations was accepted, the obligations in restitution ( restitutionary obligations ), based on a “unjust enrichment” ( unjust enrichment ), comparable to the Unjustified enrichment.

Outline of the English right of the contracts

The contract laws of Common law raise 4 questions:

When and where a contract is formed?
Quand a part can withdraw its obligations (on the assumption that the contract were formed under the constraint or by the means of a bad representation)?
Which significances and effects can one give under the terms of the contract?
Which remedy can one bring to a rupture of the contract?

Formation of the contract

The contract will exist when there is an agreement, consistent in an offer and an acceptance, consideration and the intention to create a bond of right. Nevertheless, in a Notarial act, no consideration is required - the council of the Solicitor, equivalent of the notary of the countries of civil law being supposed to be worth consideration .

Of another conditions of validity of the contract can intervene:

Form of the contract: on certain assumptions, formalities are exigible so that the contract is formed.
Capacity of the contracting one: the parts must be juridically able to conclude a contract.
Assent: the agreement must have been carried out freely. The assent can be vitiated by the constraint or an unjustified influence
Licéité: the contract should not be against the law or with the law and order.

A contract which has all these qualities is valid. The absence of an essential component will vitiate the contract or will make it incontestable. In certain situations, a collateral contract can exist.

Significance and effects of the terms of the contract

Many contractual businesses have as an aim a dissension between the parts on the terms of the contract, which forces each part to do or not to do something. Thus, of many rules of the contract law refer to the interpretation of the terms which are vague or ambiguous.

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