Contract Law Research Area

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The History of Contract Law

The development of contract law into its modern conception is fundamentally based on the Latin principle of ‘pacta sunt servanda’ (‘all pacts must be kept’) dating back to when trade first began in earnest. Therefore, with this in mind, as the law has developed, breach of contract has come to be recognised by the common law legal system. As a result, it is to be appreciated that remedies can then be effectively provided as a consequence for all manner of agreements that are reached by parties at various levels from individuals to corporations to countries themselves leading to the establishment of obligations between the said parties entered into freely with the aim to create legal relations.

This is because of the fact that clearly, in view of the nature of the relationships that are formed, it is important to look to take steps to effectively guarantee equality in these relationships so that the party that is seen to be in the most superior position cannot simply ride ‘roughshod’ over the consumer simply because it suits them. As a consequence, the common law and the legislation that has since been developed through the years in this area has served to establish where a contract has been effectively and legally formed and as to how and when it can be reached and the remedies that are said to be available in such circumstances for the party that is injured by the breakdown in the relationship. Therefore, with this in mind, it is generally believed that the system is effective but, with ongoing technological advancements, only will tell how long it will take before the law is changed in recognition of this.

Sections of interest for Contract Law

Please click on a contract law section starting with "The Most Famous Cases".

 

Bibliography - Contract Law

‘Halsbury’s Laws of England’ Lexis Nexis, Butterworths (2007)

Law Commission’s ‘Second Report on Exemption Clauses’ (1975) (Law Com No. 69)

Table of cases - Contract Law

A Roberts & Co Ltd v. Leicestershire County Council [1961] Ch 555

Adams v. Lindsell (1818) 1 B & Ald. 681

Alternative Publishing Ltd v. Kingstar Manufacturing (UK) Ltd [1996] CLY 1223, CA

Ashwell & Nesbit Ltd v. Allen & Co (1912) 2 Hudson’s BC (4th Edn) 462

Aurum Investments Ltd v. Avonforce Ltd (in liquidation) & Knapp Hicks & Partners & Advanced Underpinning Ltd (Pt 20 defendants) (2001) 3 TCLR 461

Bank of Boston Connecticut v. European Grain & Shipping Ltd [1989] AC 1056, HL

Barton v. Armstrong [1975] 2 All ER 465, PC

Bell v. Lever Bros Ltd [1932] AC 161, HL

Belle River Community Arena Inc v. WJC Kaufmann Co Ltd (1978) 87 DLR (3d) 761

Beswick v. Beswick [1968] AC 58, HL

Biggin & Co Ltd v. Permanite Ltd [1951] 2 KB 314, CA

Brinkibon Ltd. v. Stahag Stahl & Stahl warenhandelgesellschaftmbh (1982) 1 All ER 293

British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504

Brogden v. Directors of the Metropolitan Railway Company (1877) 2 App. Las 666

Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401

Byrne v. Van Tienhoven (1880) 5 CPD 349

Caister Group Developments Ltd v. Paul Rackham Construction Ltd (1973) 226 Estates Gazette 809

Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256

Chillingworth v. Esche [1924] 1 Ch 97

Countess of Dunmore v. Alexander (1830) 9 S. 190

Currie v. Misa (1875) LR 10 Ex 153

Davies v. Sweet [1962] 2 QB 300

Dennant v. Skinner & Collom [1948] 2 KB 164

Derry v. Peek (1889) 14 App Cas 337, HL

Entores v. Miles Far East Corporation [1955] 2 QB 327

ER Dyer Ltd v. Simon Build/Peter Lind Partnership (1982) 23 BLR 23

Felton v. Wharrin (1906) 2 Hudson’s BC (4th Edn) 398, CA

Fisher v. Bell [1961] 1 QB 394

G Percy Trentham Ltd v. Archital Luxfer Ltd [1993] 1 Lloyd’s Rep 25

Geary, Walker & Co Ltd v. Lawrence & Son (1906) 2 Hudson’s BC (4th Edn) 382, CA

Glasgow & South Western Rly Co v. Boyd & Forrest [1915] AC 526, HL

Gran Gelato Ltd v. Richcliff (Group) Ltd [1992] Ch 560

Hadley v. Baxendale (1854) 9 Exch 341

Henthorn v. Fraser [1892] 2 Ch 27

Hong Kong Fir Shipping v. Kawasaki Kisen Kaisha [1962] 2 QB 26

Household Fire Insurance Co. v. Grant (1879) 4 Ex. D 216

Hyde v. Wrench (1840) 3 Beav 334

J Lauritzen AS v. Wijsmuller BV, The Super Servant Two [1990] 1 Lloyd’s Rep 1

Johnstone v. Bloomsbury Health Authority [1992] QB 333

Kelly v. Solari (1841) 9 M & W 54

Kennedy v. Lee (1817) 3 Mer 441

Kissavos Shipping Co SA v. Empressa Cubana de Fletes, The Agathon [1982] 2 Lloyd’s Rep 211

LCC v. Henry Boot & Sons Ltd [1959] 3 All ER 636, HL

Lipkin Gorman v. Karpnale [1991] 3 WLR 10

Long v. Lloyd [1958] 2 All ER 402, CA

Mitsubishi Corp v. Eastwind Transport Ltd [2004] EWHC 2924

Ormes v. Beadel (1860) 2 De GF & J 333

OT Africa Line Ltd v. Vickers plc [1996] 1 Lloyd’s Rep 700

Photo Productions Ltd v. Securicor Transport Ltd [1980] AC 827

Pretty Pictures Sarl v. Quixote Films Ltd (2003) All ER (D) 303

R v. Liverpool City Council, ex p Baby Products Association Ltd [2000] LGR 171, DC

Re Imperial Land Co of Marseilles (1872) LR 7 Ch App 587

Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212

S Pearson & Son Ltd v. Dublin Corpn [1907] AC 351, HL

SAM Business Systems v. Hedley & Co [2002] EWHC 2733

Saphena Computing v. Allied Collection Agencies [1995] FSR 616

Shamia v. Joory [1958] 1 QB 448

Sims v. Foster-Wheeler Ltd [1966] 2 All ER 313, CA

Slater v. CA Duquemin Ltd (1992) 29 Con LR 24

Southern Water Authority v. Carey [1985] 2 All ER 1077

Twinsectra Ltd v. Yardley [2002] 2 WLR 802

Wenkheim v. Arndt (1873) 1 JR 73 (NZ)

Westdeutche Landesbank v. Islington LBC [1996] 2 All ER 961, HL

Table of Statutes - Contract Law

Consumer Credit Act 1974

Consumer Protection Act 1987

Consumer Protection (Distance Selling) Regulations 2000

Misrepresentation Act 1967

Sale & Supply of Goods Act 1994

Sale of Goods Act 1893

Sale of Goods Act 1979

Sale of Goods Act 1995


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