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Beschreibung
Mindmap von Mark O'Keeffe, aktualisiert more than 1 year ago
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Erstellt von Mark O'Keeffe
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The Origins of Contract Law
- Origins are often associated with the 19th century period of laissez faire economics
- also has origins in Middle Ages
- Modern contract law begins with the need to differentiate between formal and informal arrangements between parties
- Modern contract law begins with the need to differentiate between formal and informal arrangements between parties
- also has origins in Middle Ages
- Traditionally, all formal agreements (e.g. transfers of land) were under seal; proof of the agreeement was the deed itself
- Outside of property law, two types of formal agreement were recognised as early as the 12th century
- Covenant - an agreement to do a specific act and specific performance was possible
- Debt - an agreement to pay a sum of money; the remedy would be the payment of the debt
- Covenant - an agreement to do a specific act and specific performance was possible
- Outside of property law, two types of formal agreement were recognised as early as the 12th century
- Informal agreements might be written, but more commonly oral - consequent difficulties of proof
- Known as "parol" agreements - no formal proof of existence and based on word of honour
- Known as "parol" agreements - no formal proof of existence and based on word of honour
- Major actions identified in early law were:
- Debt - eg an informal oral agreement to sell goods; the action would be for the price of the goods
- 14th century - courts develoeped the action of assumpit - developed out of the tort of trespass and deervided from the writ action "on the case" - an adaptation of the writ to specific circumstances of the case. In effect it was an action for breach of
an informal promise. The assumpit was the undertaking to carry out the promise
- 16th century - problems of proof in relation to parol agreements led to development of doctrine of consideration
- 19th century - many of the basic rules were developed and influenced by laissez faire attitudes
- Many basic principles subsequently modified by common law once discovered to be unworkable
- A move to consumer protection focused laws and EU influence has been responsible for dramatic modifications
- A move to consumer protection focused laws and EU influence has been responsible for dramatic modifications
- Many basic principles subsequently modified by common law once discovered to be unworkable
- 19th century - many of the basic rules were developed and influenced by laissez faire attitudes
- 16th century - problems of proof in relation to parol agreements led to development of doctrine of consideration
- 14th century - courts develoeped the action of assumpit - developed out of the tort of trespass and deervided from the writ action "on the case" - an adaptation of the writ to specific circumstances of the case. In effect it was an action for breach of
an informal promise. The assumpit was the undertaking to carry out the promise
- detinue - a claim for a chattel due (e.g. an undelivered horse)
- Debt - eg an informal oral agreement to sell goods; the action would be for the price of the goods
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