English for Contract law – Table of Contents

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In this first Chapter we look at the nature of common law contract law, how it is organized and the goals that it seeks to achieve. We study the different types of contract that exist in the common law and the basic difference between common law contract law as compared with civil law systems.

Aim: After completing this segment, the student will be better able to understand the nature and fundamental principles of contract law and will be introduced to the basic vocabulary of common law contract law.

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In this Chapter we look at the first ingredient necessary for the formation of a contract, namely an offer. We study the scope of the notion of offer and are introduced to what the common law refers to as an invitation to treat.

Aim: After studying this Chapter students will have acquired an understanding of what the word offer means in common law contract law and the rules governing when an offer is deemed to exist and when it can be withdrawn.

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Acceptance along with offer is the second element necessary to have a meeting of minds, the fundamental building block necessary for the creation of contractual liability. In this segment we look at when acceptance occurs, the effect of counteroffers and at what moment a contract is thought to come into effect.

Aim: The student is thus introduced to the vocabulary linked to the meeting of the minds and also develops an understanding of the common law approach to contractual liability.

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Consideration is a concept specific to the common law and is the requirement that in order for contractual liability to be engaged the parties have to suffer a detriment by giving the other party a benefit. In other words, if one wants the benefit of a contractual obligation one has to pay for it – there is no such thing as a free lunch. However, consideration is subtler than that and raises issues under the heading of equity and more particularly promissory estoppel.

Aim: For students working with or hoping to in the area of international contract law it is vital that they gain and understanding of this area and the associated technical vocabulary.

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Chapter 5 sets out the final requirement for the formation of a contract under common law contract law, namely that the parties actually intend to create legal relations between them. In this regard, the common law distinguishes between domestic agreements and commercial agreements.

Aim: The aim of this Chapter combined with the previous 4 segments is to allow the student to understand when liability is being created in the area of business transactions and to develop an understanding of the specialist legal vocabulary used by common law lawyers in this area.

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The area of contract terms is of vital importance as the classification given to a contract term greatly influences its effect and the extent of liability created thereunder. Moreover, even when not classified as a term, statements made in the context of contractual negotiations can create liability. This is an area rich in contractual terminology and it is vital for the non-Anglophone lawyer to be able to grasp the distinction between representations, terms, conditions, warranties and innominate terms.

Aim: The Chapter introduces the student to the legal vocabulary used when classifying contract terms and allows the student to develop an understanding of this extremely important area.

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Under freedom of contract principles, the participants to a contract in the common law world remain largely free to exclude, limit or fix liability for non-performance under the contract they are entering into. However, the parties have to give fair notice of any such limitation of liability and the clauses have to be drafted in a specific way. The purpose of this Chapter is to introduce students to the basic principles applicable to this complex area.

Aim: The Chapter provides the reader with the legal vocabulary necessary to understand contractual vocabulary and clauses that seek to restrict or fix liability in cases of non-performance by the contracting parties.

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Even though a meeting of the minds may have occurred between the parties to a contract, the agreement may nonetheless be considered unenforceable either because the parties were mistaken, the agreement was based on an untruth, unreasonable pressure was applied etc. Each of these circumstances is subject to case law and each has its own vocabulary.

Aim: In learning about the different vitiating factors that can render a contract unenforceable, the student learns the vocabulary applicable to this area as well as the concepts behind these technical terms.

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A contract may be brought to an end, i.e. discharged in a number of different ways. Many of the concepts linked to discharge and notions of frustration are specific to common law and this Chapter looks at each of the ways a contract can be discharged.

Aim: This Chapter allows students access to both the vocabulary and basic legal principles applicable to the area of discharge of contract and in particular explains the common law approach to force majeure and frustration.

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In this Chapter we look at the different remedies available under the common law system and the dominant role of damages. It also looks at how the parties can choose to deal with this area privately and the remedies that exist in Equity.

Aim: With this Chapter the student is introduced to the language necessary to allow him/her to begin to appreciate the scope of remedies available under the common law contract system and the special role of equitable procedural remedies.

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