LAWS 2201 Chapter Notes - Chapter 1: Prima Facie, Meeting Of The Minds
15 Jan 2019
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Document Summary
Contracts are seen as an expression of human will. The idea of contracts seen as expression of human will can be traced back to classical. Later developed by the pandectists (they reintroduced the duty of roman law to. This developed into the different civil codes of france and germany and later became common law (in the 19 century) Contracts were later seen as an agreement of consensus, ad idem, offer and acceptance, intention to contract, private and the vinculum juris, and the construction and interpretation by the parties. This theory also supports defences like mistake, misrepresentation, duress and undue influence. Justification for enforcement of contracts and a basis for prediction. There is no way to determine what the other parties might be. Common law development from the notion of contracts as agreements. Distinguishing feature of a contract at common law is said to be a bargain or exchanged between the parties.
