Contract Law Briefs
Writing
• Contracts do not have to be either written or oral
o They can be party written or party oral.
• All common law jurisdictions have adopted some form of the Statute of Frauds
• To what does the statute of Frauds apply?
o What contracts are caught by the contracts?
o What contracts are within the statute?
o Chiefly 2 […]
Contract Law Requirments
[It’s been awhile…]
page 311 – review Foakes v. Beer
…long line of sorrows springing from this case…
• Pinnel’s Case: A debtor’s promise to pay a creditor a lessor sum is not consideration
• Foakes v. Beer not altogether satisfactory – note that judges both express sheepishess at their ruling.
• Note 1 page 311 – Mercantile Law Amendment […]
English Contract Law
Promissory Estoppel:
• There are 57 different types of estoppel under our legal system.
• This is why it must be qualified as promissory estoppel.
o Invented by Denning L. in 1940s.
o Original formulation had in it ambiguitiy almost to the point of contradiction.
• Para 2 on page 316
o 3 or 4 diff formulations just in that one […]
Tags
acceptance agreement Agreements assignment basis benefit breach Canada clause communication consideration construction context contract court Damages defendant Denning detriment doctrine evidence example expectation jurisprudence landlord liability Lord Denning mechanism negligence offer offeree offerer party performance person plaintiff promise Promisee promiser property question situation Statute system Warranty-
By N2H