English Law and Terminology 2 - Week 1-Contract Law

Sep 28, 2026

Study notes covering the course “English Law and Terminology 2” with a week-by-week agenda that introduces core private law topics. The material explains the law of contract, defining a contract as an agreement between private parties creating mutual obligations enforceable by law. It outlines key elements of contractual formation, discusses freedom of contract and court restraint, and examines legislation protecting disadvantaged parties such as consumers and employees. The notes also introduce offer and acceptance principles, including objective intention, binding offers, and how offers can be made expressly or by conduct.

LanguageEnglish

CategoryExam

FormatPDF

Pages35

Reading Time1 h 28 min

AccessFree to download

Week-by-Week Agenda

Contract Law

Tort Law & Equity and Trusts

Commercial Law

Company Law

The Law of Contract

Contract Definition

Formation of Contract

Offer and Acceptance

English Law and Terminology 2. JUSTINE K. COLLINS Agenda. 􀁘 Week 1-April 10 th-Contract Law. 􀁘 Week 2-April 17 th-Tort Law & Equity and Trusts. 􀁘 Week 3-April 24th-Commercial Law. 􀁘 Week 4-May 15 th-Company Law. 􀁘 Week 5-May 22 nd-Presentations and Recap. The Law of Contract. Contract-Definition. 􀁘 Definition-An agreement between private parties creating mutual obligations enforceable by law. The feature which distinguishes contractual obligations from other types of law is that it is voluntary and therefore based on agreement of relevant parties unlike others where legal obligations may not only be involuntary but also unwanted. 􀁘 However, it must be noted that this is the basic distinction, it is sometimes inaccurate as contracts can sometimes not be based on agreements. 􀁘 A basic binding contract must comprise four key elements: offer, acceptance, consideration and intent to create legal relations. (English) 􀁘 The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality. (American) 􀁘 Simple social arrangements such as informal invitations are not legally binding nor enforceable by courts. However it is not always that easy to distinguish between the two. Formation of Contract. 􀁘 The law relating to freedom of contract is defined as individuals of full capacity being able to freely choose who they contract with and on what terms within that contract ... 􀁘 However, freedom of contract still remains in the majority of cases, despite these new legislations. Formation of Contract cont. 􀁘 This began in the nineteenth century when judges believed that people should be able to make their own decisions, since they know what is best in their interests, under the assumption that nobody would choose unfavourable terms-Laissez Faire philosophy. The judges would refuse to act even where there was inequality in bargaining power, that is where one party was more powerful than the other. 􀁘 The courts simply acted as an umpire, ensuring parties were upholding their promises. They only interfered in special cases, including those involving misrepresentation, undue influence or illegality and it was not within their role to question whether the contract was fair. 􀁘 There is a need for stability, certainty and predictability under the notion of Freedom of Contract however; even though these values play an important part, they are not absolute and there are people who require protection, especially consumers. Legislation, such as The Unfair Contract Terms Act 1977 and The Sale of Goods Act 1979 has been passed to help protect the disadvantaged, especially infields of employment law, racial and gender discrimination, by shaping the law of Contract. 􀁘 This in turn has brought about social justice and equality of bargaining power has been restored, resulting in the United Kingdom being of great benefit to this legislation. However, freedom of contract still remains in the majority of cases, despite these new legislations. Formation of Contract cont. 􀁘 Lord Denning, in Esso Petroleum Co Ltd v Harper’s Garage (Stourport) Ltd. stated; 􀁘 “I myself have always regarded it as in the public interest that parties who, being in an equal position of bargaining, make contracts, should be compelled to perform them, and not to escape from their liabilities by saying that they had agreed to something which was unreasonable.” 􀁘 In an article called ‘The Ideologies of Contract Law,’ Adams and Brownsword favour Lord Denning by proposing that realist judges fall into two categories. These are known as ‘market-individualists’and ‘consumer-welfarists.’ 􀁘 They suggest that market-individualists are firm believers in the principle of freedom of contract and hold the view that individuals are capable of making their own decisions and bargains, with the courts interfering as little as poss

FAQs

What distinguishes contractual obligations from other types of law?

Contractual obligations are distinguished by being voluntary and based on the agreement of the relevant parties. The notes also caution that the basic distinction can be inaccurate in some cases.

What are the key elements required for a legally enforceable contract?

A basic binding contract must include offer, acceptance, consideration, and intent to create legal relations. An alternative formulation presented includes mutual assent, adequate consideration, capacity, and legality.

How does the law assess whether an offer is binding?

The offer must show an objective manifestation of intent by the offeror to be bound if accepted. The offeror is bound if words or conduct would induce a reasonable observer to believe an intent to be bound exists, even if the offeror privately lacked that intention.

Sep 28, 2026

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