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Contract_Law.doc

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Department
Philosophy
Course
Philosophy 2080
Professor
James Hildebrand
Semester
Winter

Description
Introduction to Contract LawCases Pharmaceutical Society of Great Britain v Boots Cash Chemists Dickinson v Dodds Williams v Carwardine R v Clarke Brinkibon Ltd v Stalag Stahl GMBH DALHOUSIE COLLEGE v BOUTILIER ESTATE WARD v BYHAM FOAKES v BEER BALFOUR v BALFOUR CENTRAL LONDON PROPERTY v HIGH TREES HOUSE LTD HADLEY v BAXENDALE JARVIS v SWANS TOURS LTD NEWELL ET AL V CANADIAN PACIFIC AIRLINES Photoproductions v Securicor and LLoyds Bank v BundyContract An agreement that is legally binding and enforceable Formal Contract A written contractSimple Contract A verbal contractTerms of the contract What the parties have to doBreach of Contract When one party does not fulfill obligationsElements to prove existence of a contract1intention by the parties to create legal relations 2an offer by the offeror that is communicated 3acceptance by the oferee that is communicated4considerationie the bargaining component that is exchanged Note a contract should be supported by considerationConsideration moves from the promisee to the promisor 1Promisee the person suing to enforce the promise of the other ie the promisor ie trying to prove that consideration moved from them to the promisor 5capacity to enter into the contract Some examples of not having capacity mental capacity compromised by alcohol or drugs being mentally infirm infants ie under 18 someone who is bankrupt for the most part6legalie whatever you contract for has to be legaland legally enforceable Needds to be intention to contractofferacceptanceconsiderationcapactity and legality to form a legit contractIn contract law as opposed to tort law the parties attempt initially to create their own obligations This can raise the question of if there was a meeting of the minds by the parties ie consensus as idem The principle of damagesremedies in contract law to put thein the same position that heshe would have been in had the contract been fulfilled Sometimes this is hard to determine so we try to determine the reasonable expectations from when entered into the contract Note this comes from the case of Hadley v Baxendale in 1854 Remedies in contract law are not always damages ie they might be to uphold ones end of the contract with something other than money ie 2specific performance to do something This type of remedy is a discretional remedy in the Equity Court system and it is not for personal service eg in a case of employment because dont get along it would make no sense to force employer to employ an employee Privities of contract Only those involved as parties can incur liabilities or enforce a benefit of a contract Strangera third partyAn example of a violation of this rule has to do with life insurance policies These are acceptable as an exception to this rule because of statute Contract as Promise A Theory of Contractual Obligationsby Charles FriedThis article is looking for the underlying moral justification that contract law is built upon He appreciates the struggle between individuals and groups and notes that there are forces that militate against contract law in modern society One example of this is minimum wage ie we have a socialcollective pressure against the freedom to contract The law protects people from entering into bad contracts Unions are another example because their existence means that things are defined by statutes There are two different schools of philosophy that conflict as possible views of contract law Kant 3
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