Data Portal @ linkeddatafragments.org

Matches in DBpedia 2014 for { <http://dbpedia.org/resource/English_contract_law> ?p ?o. }

• English_contract_law abstract "English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth (such as Australia, Canada and India), and the United States. It is also experiencing gradual change because of the UK's membership of the European Union and international organisations like Unidroit. Any agreement that is enforceable in court is a contract. Because a contract is a voluntary obligation, in contrast to paying compensation for a tort and restitution to reverse unjust enrichment, English law places a high value on ensuring people have truly consented to the deals that bind them in court. Generally a contract forms when one person makes an offer, and another person accepts it by communicating their assent or performing the offer's terms. If the terms are certain, and the parties can be presumed from their behaviour to have intended that the terms are binding, generally the agreement is enforceable. Some contracts, particularly for large transactions such as a sale of land, also require the formalities of signatures and witnesses and English law goes further than other European countries by requiring all parties bring something of value, known as "consideration", to a bargain as a precondition to enforce it. Contracts can be made personally or through an agent acting on behalf of a principal, if the agent acts within what a reasonable person would think they have the authority to do. In principle, English law grants people broad freedom to agree the content of a deal. Terms in an agreement are incorporated through express promises, by reference to other terms or potentially through a course of dealing between two parties. Those terms are interpreted by the courts to seek out the true intention of the parties, from the perspective of an objective observer, in the context of their bargaining environment. Where there is a gap, courts typically imply terms to fill the spaces, but also through the 20th century both the judiciary and legislature have intervened more and more to strike out surprising and unfair terms, particularly in favour of consumers, employees or tenants with weaker bargaining power.Contract law works best when an agreement is performed, and recourse to the courts is never needed because each party knows her rights and duties. However, where an unforeseen event renders an agreement very hard, or even impossible to perform, the courts typically will construe the parties to want to have released themselves from their obligations. It may also be that one party simply breaches a contract's terms. If a contract is not substantially performed, then the innocent party is entitled to cease her own performance and sue for damages to put her in the position as if the contract were performed. She is under a duty to mitigate her losses and cannot claim for harm that was a remote consequence of the contractual breach, but remedies in English law are footed on the principle that full compensation for all losses, pecuniary or not, should be made good. In exceptional circumstances, the law goes further to require a wrongdoer to make restitution for their gains from breaching a contract, and may demand specific performance of the agreement rather than monetary compensation. It is also possible that a contract becomes voidable, because, depending on the specific type of contract, one party failed to make adequate disclosure or they made misrepresentations during negotiations. Unconscionable agreements can be escaped where a person was under duress or undue influence or their vulnerability was being exploited when they ostensibly agreed to a deal. Children, mentally incapacitated people and companies, whose representatives are acting wholly outside their authority, are protected against having agreements enforced against them where they lacked the real capacity to make a decision to enter an agreement. Some transactions are considered illegal, and are not enforced by courts because of a statute or on grounds of public policy. In theory, English law attempts to adhere to a principle that people should only be bound when they have given their informed and true consent to a contract.".
• English_contract_law thumbnail Ecrivains_consult_-_Texte_4_mains.jpg?width=300.
• English_contract_law wikiPageExternalLink promises.
• English_contract_law wikiPageExternalLink 5.html.
• English_contract_law wikiPageExternalLink contract.html.
• English_contract_law wikiPageExternalLink Bk.V,Ch.I.
• English_contract_law wikiPageExternalLink 1340045.
• English_contract_law wikiPageExternalLink 790659.
• English_contract_law wikiPageExternalLink 1117230.
• English_contract_law wikiPageExternalLink 1117840.
• English_contract_law wikiPageExternalLink 1337951.
• English_contract_law wikiPageExternalLink 1599448.
• English_contract_law wikiPageExternalLink 764702.
• English_contract_law wikiPageExternalLink eu.contract.principles.part1.1995.
• English_contract_law wikiPageExternalLink united_nations_convention_international_sale_goods.htm.
• English_contract_law wikiPageExternalLink unfair_terms.htm.
• English_contract_law wikiPageExternalLink blackletter2004-english.pdf.
• English_contract_law wikiPageExternalLink integralversionprinciples2004-e.pdf.
• English_contract_law wikiPageID "14689511".
• English_contract_law wikiPageRevisionID "605489865".
• English_contract_law align "left".
• English_contract_law bgcolor "#c6dbf7".
• English_contract_law hasPhotoCollection English_contract_law.
• English_contract_law quote ""None of you nowadays will remember the trouble we had - when I was called to the Bar - with exemption clauses. They were printed in small print on the back of tickets and order forms and invoices. They were contained in catalogues or timetables. They were held to be binding on any person who took them without objection. No one ever did object. He never read them or knew what was in them. No matter how unreasonable they were, he was bound. All this was done in the name of "freedom of contract." But the freedom was all on the side of the big concern which had the use of the printing press. No freedom for the little man who took the ticket or order form or invoice. The big concern said, "Take it or leave it." The little man had no option but to take it. The big concern could and did exempt itself from liability in its own interest without regard to the little man. It got away with it time after time. When the courts said to the big concern, "You must put it in clear words," the big concern had no hesitation in doing so. It knew well that the little man would never read the exemption clauses or understand them. It was a bleak winter for our law of contract."".
• English_contract_law quote "Shylock: My deeds upon my head! I crave the law, The penalty and forfeit of my bond... Portia: ... prepare thee to cut off the flesh. Shed thou no blood; nor cut thou less nor more, But just a pound of flesh: if thou tak’st more, Or less, than a just pound, be it but so much As makes it light or heavy in the substance, Or the division of the twentieth part Of one poor scruple; nay, if the scale do turn But in the estimation of a hair, Thou diest, and all thy goods are confiscate.".
• English_contract_law quote "‘governments do not limit their concern with contracts to a simple enforcement. They take upon themselves to determine what contracts are fit to be enforced.... once it is admitted that there are any engagements which for reasons of expediency the law ought not to enforce, the same question is necessarily opened with respect to all engagements. Whether, for example, the law should enforce a contract to labour, when the wages are too low or the hours of work too severe: whether it should enforce a contract by which a person binds himself to remain, for more than a very limited period, in the service of a given individual.... Every question which can possibly arise as to the policy of contracts, and of the relations which they establish among human beings, is a question for the legislator; and one which he cannot escape from considering, and in some way or other deciding.’".
• English_contract_law salign "right".
• English_contract_law source "JS Mill, Principles of Political Economy Book V, ch 1, §2".
• English_contract_law source "Lord Denning MR in George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1982] EWCA Civ 5, [1983] QB 284, 297".
• English_contract_law source "W Shakespeare, The Merchant of Venice, Act IV, scene i".
• English_contract_law width "22".
• English_contract_law width "27".
• English_contract_law subject Category:English_contract_law.
• English_contract_law comment "English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth (such as Australia, Canada and India), and the United States. It is also experiencing gradual change because of the UK's membership of the European Union and international organisations like Unidroit.".
• English_contract_law label "Contract law (England und Wales)".
• English_contract_law label "Contrat en droit anglais".
• English_contract_law label "English contract law".
• English_contract_law label "英国合同法".
• English_contract_law sameAs Contract_law_(England_und_Wales).
• English_contract_law sameAs Contrat_en_droit_anglais.
• English_contract_law sameAs m.03gt5l8.
• English_contract_law sameAs Q282136.
• English_contract_law sameAs Q282136.
• English_contract_law wasDerivedFrom English_contract_law?oldid=605489865.
• English_contract_law depiction Ecrivains_consult_-_Texte_4_mains.jpg.
• English_contract_law isPrimaryTopicOf English_contract_law.