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BLA 200 Contract Lecture

BLA 200 Contract Lecture. A Short History of the Development of Contract in the Common Law. 1 Themes. “ An agreement giving rise to legally enforceable obligations binding on the parties to it” Promises (unilateral - mutual) Partly performed/Performed Form or substance.

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BLA 200 Contract Lecture

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  1. BLA 200 Contract Lecture A Short History of the Development of Contract in the Common Law

  2. 1 Themes • “ An agreement giving rise to legally enforceable obligations binding on the parties to it” • Promises (unilateral - mutual) • Partly performed/Performed • Form or substance

  3. 2 Ancient Laws and Codes • Hammurabi 1792-1750 BCE (282 cases) • Preliterate societies ( reciprocity, “status to contract” Maine)

  4. 2 Celtic Law Celtic law and common law Senchus Mor - four sets of laws Law of contract and law of status “ confusion if verbalcontracts were not binding”

  5. 3 Roman Law • XII Tables 450BC • GAIUS - Responsa of Jurists(ius civile, ius gentium) • JUSTINIAN 533 AD (IUS, LEGES) TYPES OF AGREEMENTS • MUTUUM (Bailment – Loan) • EX STIPULATIO (Verbal – Form) • EX CONSENSU (Bilateral sale, agency, partnership)

  6. 4 The Common Law WRIT SYSTEM (UBI IUS, IBI REMEDIUM) • REPLEVIN (wrongful restraint) • DETINUE (detention - value) • COVENANT • DEBT (fixed sum - no damages) • ACCOUNT • TRESPASS (“on the Case”)

  7. 5 The Common Law ASSUMPSIT • Misfeasance and the Mare Humber Ferryman 1348 • SLADE’S CASE 1602 • Special / Indebitatus Assumpsit

  8. 5 The Common Law • Consideration • Deed • 19th century writers • 20th century legislation

  9. 6 Equity’s Contribution • COURT OF CHANCERY- EQUITY - PROCEDURES (Subpoena, discovery, interrogatories) - DISCRETIONARY JURISDICTION • INJUNCTION - SPECIFIC PERFORMANCE • AUXILARY JURISDICTION (CONCURRENT, EXCLUSIVE)

  10. 6 Equity’s Contribution • ESTOPPEL • MISREPRESENTATION • UNCONSCIONABILITY • PRIVITY (3rd Parties) • ASSIGNMENT • UNDUE INFLUENCE • PENALTIES

  11. 6 Equity’s Contribution Continuing Contributions Waltons Stores v Maher (equitable estoppel) • Trident Insurance v McNiece (privity)

  12. 7 Other Systems 1Developing countries - legal transplants 2 Socialist law 3 Market economies 4 Changing economic and social conditions

  13. 8 Major Themes • - the infiltration of equitable principles into common law contract. • - greater role of statutes. • - Australian High Court. • - international conventions.

  14. Last words • Keep up to date • Keep in touch - especially for advice. • Enjoy the term.

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