262 relations: Accord and satisfaction, Admiralty law, All England Law Reports, American English, American Journal of International Law, Anticipatory repudiation, Appellate court, Arbitration, Arbitration clause, Assumpsit, Attorney general, Australia, Australian contract law, Balfour v Balfour, Baltic Shipping Company v Dillon, Barton v Armstrong, Bell v Lever Brothers Ltd, Bettini v Gye, Bill of lading, Black's Law Dictionary, BP Refinery (Westernport) Pty Ltd v Shire of Hastings, Breach of contract, British English, Brussels Regime, Burden of proof (law), Canada, Capacity (law), Carlill v Carbolic Smoke Ball Co, Cause of action, Central London Property Trust Ltd v High Trees House Ltd, Chappell & Co Ltd v Nestle Co Ltd, Charles Fried, Choice of law clause, Civil law (legal system), Civil Rights Act of 1964, Clean hands, Commerce, Commercial Bank of Australia Ltd v Amadio, Commercial law, Common law, Common practice period, Commonwealth Law Reports, Condition precedent, Conflict of contract laws, Conflict of laws, Consideration, Consideration in English law, Construction law, Consumer protection, Consumer Rights Act 2015, ..., Contract, Contract awarding, Contract Clause, Contract farming, Contract management, Contract of carriage, Contract of sale, Contract price, Contract theory, Contracts (Rights of Third Parties) Act 1999, Contractual term, Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Corporation, Country, Court, Critical legal studies, Crown Proceedings Act 1947, Cutter v Powell, Deed, Design by contract, Document automation, Dominion, Due Process Clause, Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd, Efficient breach, Electronic signature, Employment, Employment contract, England, England and Wales, English contract law, English law, Equity (law), Estoppel, Ethical implications in contracts, European Union, Executory contract, Financial Industry Regulatory Authority, Foakes v Beer, Force majeure, Formalities in English law, Forum non conveniens, Forum selection clause, Fraud, Freedom of contract, Frustration of purpose, Further assurances, Gentlemen's agreement, German contract law, Gimmick, Good faith, Good faith (law), Gordon v Selico, Government procurement, Hadley v Baxendale, Hague Choice of Court Convention, Hague–Visby Rules, Hamer v. Sidway, Harvey McGregor, Heads of loss, Heads of terms, Home Secretary, Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, Hutton v Warren, Ian Roderick Macneil, Implicit contract theory, Implied-in-fact contract, Indenture, India, Indian contract law, Influenza, Information asymmetry, Injunction, Insurance policy, Intention to create legal relations, Interim order, Invitation to treat, Israel, J Spurling Ltd v Bradshaw, Judicial Committee of the Privy Council, Judicial functions of the House of Lords, Jurisdiction, L'Estrange v F Graucob Ltd, Laches (equity), Latin, Law commission, Law of agency, Law of obligations, Law of obligations (Bulgaria), Law of Property Act 1925, Law of the United States, Law Reports, Lawsuit, Legal person, Legal realism, Legal remedy, Legislation, Legitimate expectation, Letters of assist, List of Law Reports in Australia, Lochner era, Lon L. Fuller, Maredelanto Compania Naviera SA v Bergbau-Handel GmbH, Marxism, McRae v Commonwealth Disposals Commission, Meet-or-release contract, Meeting of the minds, Memorandum of understanding, Merritt v Merritt, Minimum wage, Minor (law), Mirror image rule, Misrepresentation, Misrepresentation Act 1967, Mistake (contract law), Napoleonic Code, National security, Natural person, Negligence, Negotiation, New York Stock Exchange, Non est factum, NSW Law Reports, Objective test, Objectivity (philosophy), Offer and acceptance, One size fits all, Option contract, Oral contract, Order (business), Pacta sunt servanda, Panacea (medicine), Payne v Cave, Peppercorn (legal), Per incuriam, Perfect tender rule, Petition of right, Plausible deniability, Pound sterling, Poussard v Spiers and Pond, Principal–agent problem, Professional services, Promise, Property insurance, Public policy, Puffery, Quantum meruit, Quasi-contract, Queen's Bench, Raffles v Wichelhaus, Reasonable person, Reception statute, Relational contract, Rescission (contract law), Restitution, Rome I Regulation, Rose & Frank Co v JR Crompton & Bros Ltd, Sale of Goods Act 1979, Severability, Sharia, Smart contract, Smith v Hughes, Smoke bomb, Social contract, Software license, South African contract law, Southern Foundries (1926) Ltd v Shirlaw, Specific performance, Specification (technical standard), Standard form contract, Statute, Statute of frauds, Statute of Frauds, Stilk v Myrick, Stipulation, Substantial performance, Supreme Court of the United States, Tang dynasty, Tenet v. Doe, The Crown, The Moorcock, Theatre, Thirteenth Amendment to the United States Constitution, Thomas Boylston, Thomas Jefferson, Tom Denning, Baron Denning, Tort, Tort of deceit, Tortious interference, Transaction cost, Uberrima fides, Ultra vires, Unconscionability, Undue influence, Unenforceable, Unfair Contract Terms Act 1977, Uniform Arbitration Act, Uniform Commercial Code, Unilateralism, United Nations Convention on Contracts for the International Sale of Goods, United States, United States contract law, Unjust enrichment, Victorian era, Victorian Reports, Vitiating factors in the law of contract, Void (law), Voidable, Voidable contract, Warranty, WN Hillas & Co Ltd v Arcos Ltd, Workers' compensation. Expand index (212 more) » « Shrink index
Accord and satisfaction is a contract law concept about the purchase of the release from a debt obligation.
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes.
The All England Law Reports (abbreviated in citations to All ER) are a long-running series of law reports covering cases from the court system in England and Wales.
American English (AmE, AE, AmEng, USEng, en-US), sometimes called United States English or U.S. English, is the set of varieties of the English language native to the United States.
The American Journal of International Law is an English-language scholarly journal focusing on international law and international relations.
Anticipatory repudiation, also called an anticipatory breach, is a term in the law of contracts that describes a declaration by the promising party to a contract that he or she does not intend to live up to his or her obligations under the contract.
An appellate court, commonly called an appeals court, court of appeals (American English), appeal court (British English), court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal.
Arbitration, a form of alternative dispute resolution (ADR), is a way to resolve disputes outside the courts.
An arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process.
Assumpsit ("he has undertaken", from Latin, assumere), or more fully, the action of assumpsit, was a form of action at common law.
In most common law jurisdictions, the Attorney General (sometimes abbreviated as AG) or Attorney-General (plural: Attorneys General (traditional) or Attorney Generals) is the main legal advisor to the government, and in some jurisdictions, they may also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally.
Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania and numerous smaller islands.
Australian contract law concerns the legal enforcement of promises that were made as part of a bargain freely entered into, forming a legal relationship called a contract.
Balfour v Balfour 2 KB 571 is a leading English contract law case.
Baltic Shipping Company v Dillon, the Mikhail Lermontov case, is a leading Australian contract law case, on the incorporation of exclusion clauses and damages for breach of contract or restitution for unjust enrichment.
Barton v Armstrong,.
Bell v Lever Brothers Ltd is an English contract law case decided by the House of Lords.
Bettini v Gye (1876) 1 QBD 183 is an English contract law case, concerning the right to terminate performance of a contract.
A bill of lading (sometimes abbreviated as B/L or BoL) is a document issued by a carrier (or their agent) to acknowledge receipt of cargo for shipment.
Black's Law is the most widely used law dictionary in the United States.
BP Refinery (Westernport) Pty Ltd v Shire of Hastings is a leading judgment of the Privy Council which summarised the test for whether a term should implied ‘in fact’ into a contract, to give effect to the intentions of the contracting parties.
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance.
British English is the standard dialect of English language as spoken and written in the United Kingdom.
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union (EU) and the European Free Trade Association (EFTA).
The burden of proof (onus probandi) is the obligation of a party in a trial to produce the evidence that will prove the claims they have made against the other party.
Canada is a country located in the northern part of North America.
The capacity of natural and juridical persons (legal persons) in general, determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will.
Carlill v Carbolic Smoke Ball Company is an English contract law decision by the Court of Appeal, which held an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms.
A cause of action, in law, is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party.
Central London Property Trust Ltd v High Trees House Ltd KB 130 (or the High Trees case) is an English contract law decision in the High Court.
Chappell & Co Ltd v Nestle Co Ltd is an important English contract law case, where the House of Lords confirmed the traditional doctrine that consideration must be sufficient but need not be adequate.
Charles Fried (born April 15, 1935) is an American jurist and lawyer.
A choice of law clause or proper law clause is a term of a contract in which the parties specify that any dispute arising under the contract shall be determined in accordance with the law of a particular jurisdiction.
Civil law, civilian law, or Roman law is a legal system originating in Europe, intellectualized within the framework of Roman law, the main feature of which is that its core principles are codified into a referable system which serves as the primary source of law.
The Civil Rights Act of 1964 is a landmark civil rights and US labor law in the United States that outlaws discrimination based on race, color, religion, sex, or national origin.
Clean hands, sometimes called the clean hands doctrine or the dirty hands doctrine, is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands".
Commerce relates to "the exchange of goods and services, especially on a large scale.” Commerce includes legal, economic, political, social, cultural and technological systems that operate in any country or internationally.
Commercial Bank of Australia Ltd v Amadio,.
Commercial law, also known as trade law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.
Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.
In the history of European art music, the common practice period is the era between the formation and the decline of the tonal system.
The Commonwealth Law Reports (CLR) are the authorised reports of decisions of the High Court of Australia.
A condition precedent is an event or state of affairs that is required before something else will occur.
In the conflict of laws, the validity and effect of a contract with one or more foreign law elements will be decided by reference to the so-called "proper law" of the contract.
Conflict of laws concerns relations across different legal jurisdictions between natural persons, companies, corporations and other legal entities, their legal obligations and the appropriate forum and procedure for resolving disputes between them.
Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed).
Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts (but not for special contracts by deed).
Construction law is a branch of law that deals with matters relating to building construction, engineering and related fields.
In regulatory jurisdictions that provide for this (a list including most or all developed countries with free market economies) consumer protection is a group of laws and organizations designed to ensure the rights of consumers, as well as fair trade, competition, and accurate information in the marketplace.
The Consumer Rights Act 2015 is an Act of Parliament of the United Kingdom that consolidates existing consumer protection law legislation and also gives consumers a number of new rights and remedies.
A contract is a promise or set of promises that are legally enforceable and, if violated, allow the injured party access to legal remedies.
Contract awarding is the method used during a procurement in order to evaluate the proposals (tender offers) taking part and award the relevant contract.
The Contracts Clause appears in the United States Constitution, Article I, section 10, clause 1.
Contract farming involves agricultural production being carried out on the basis of an agreement between the buyer and farm producers.
Contract management or contract administration is the management of contracts made with customers, vendors, partners, or employees.
A contract of carriage is a contract between a carrier of goods or passengers and the consignor, consignee or passenger.
A contract of sale is a legal contract.
A contract price is the price listed in the contract for the good or services to be received in return.
In economics, contract theory studies how economic actors can and do construct contractual arrangements, generally in the presence of asymmetric information.
The Contracts (Rights of Third Parties) Act 1999 is an Act of the Parliament of the United Kingdom that significantly reformed the common law doctrine of privity and "thereby one of the most universally disliked and criticised blots on the legal landscape".
A contractual term is "Any provision forming part of a contract".
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention, was adopted by a United Nations diplomatic conference on 10 June 1958 and entered into force on 7 June 1959.
A corporation is a company or group of people or an organisation authorized to act as a single entity (legally a person) and recognized as such in law.
A country is a region that is identified as a distinct national entity in political geography.
A court is a tribunal, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law.
Critical legal studies (CLS) is a school of critical theory that first emerged as a movement in the United States during the 1970s.
The Crown Proceedings Act 1947 (c. 44) is an Act of the Parliament of the United Kingdom that allowed, for the first time, civil actions against the Crown to be brought in the same way as against any other party.
Cutter v Powell (1795) 101 ER 573 is an English contract law case, concerning substantial performance of a contract.
A deed (anciently "an evidence") is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed.
Design by contract (DbC), also known as contract programming, programming by contract and design-by-contract programming, is an approach for designing software.
Document automation (also known as document assembly) is the design of systems and workflows that assist in the creation of electronic documents.
Dominions were semi-independent polities under the British Crown, constituting the British Empire, beginning with Canadian Confederation in 1867.
The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause.
is an English contract law case, concerning the extent to which damages may be sought for failure to perform of a contract when a sum is fixed in a contract.
In legal theory, particularly in law and economics, efficient breach is a voluntary breach of contract and payment of damages by a party who concludes that they would incur greater economic loss by performing under the contract.
An electronic signature, or e-signature, refers to data in electronic form, which is logically associated with other data in electronic form and which is used by the signatory to sign.
Employment is a relationship between two parties, usually based on a contract where work is paid for, where one party, which may be a corporation, for profit, not-for-profit organization, co-operative or other entity is the employer and the other is the employee.
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain.
England is a country that is part of the United Kingdom.
England and Wales is a legal jurisdiction covering England and Wales, two of the four countries of the United Kingdom.
English contract law is a body of law regulating contracts in England and Wales.
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
In jurisdictions following the English common law system, equity is the body of law which was developed in the English Court of Chancery and which is now administered concurrently with the common law.
Estoppel is a judicial device in common law legal systems whereby a court may prevent, or "estop" (a person who performs this is estopped) a person from making assertions or from going back on his or her word.
When creating a contract, a negotiator is not only doing so to reach an agreement between two or more parties, but to create an agreement that is durable; whereby parties of the contract are legally bound and committed to its promises (Wade and Honeyman 2005, 7).
The European Union (EU) is a political and economic union of EUnum member states that are located primarily in Europe.
An executory contract is a contract that has not yet been fully performed or fully executed.
In the United States, the Financial Industry Regulatory Authority, Inc. (FINRA) is a private corporation that acts as a self-regulatory organization (SRO).
Foakes v Beer is an English contract law case, which applied the controversial pre-existing duty rule in the context of part payments of debts.
Force majeure – or vis major (Latin) – meaning "superior force", also known as cas fortuit (French) or casus fortuitus (Latin) "chance occurrence, unavoidable accident", is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term act of God (hurricane, flood, earthquake, volcanic eruption, etc.), prevents one or both parties from fulfilling their obligations under the contract.
Formalities in English law are required in some kinds of transaction by English contract law and trusts law.
Forum non conveniens (Latin for "forum not agreeing") (FNC) is a (mostly) common law legal doctrine whereby courts may refuse to take jurisdiction over matters where there is a more appropriate forum available to the parties.
A forum selection clause (sometimes called a dispute resolution clause, choice of court clause, jurisdiction clause or an arbitration clause, depending upon its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum.
In law, fraud is deliberate deception to secure unfair or unlawful gain, or to deprive a victim of a legal right.
Freedom of contract is the freedom of private or public individuals and groups (of any legal entity) to form nonviolent contracts without government restrictions.
Frustration of purpose, in law, is a defense to enforcement of a contract.
A further assurances clause is part of the standard 'boilerplate' in most sophisticated commercial agreements.
A gentlemen's agreement or gentleman's agreement is an informal and legally non-binding agreement between two or more parties.
German contract law is found in the Bürgerliches Gesetzbuch, in both the "Allgemeine Teil" and the chapter on "Schuldrecht".
A gimmick is a novel device or idea designed primarily to attract attention or increase appeal, often with little intrinsic value.
Good faith (bona fides), in human interactions, is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction.
In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract.
Gordon v Selico (1986) 18 H.L.R. 219 is an English contract law on the subject of misrepresentation by action.
Government procurement or public procurement is the procurement of goods, services or constructions on behalf of a public authority, such as a government agency.
Hadley v Baxendale is a leading English contract law case.
The Hague choice of court convention, formally the Convention of 30 June 2005 on Choice of Court Agreements is an international treaty concluded within the Hague Conference on Private International Law.
The Hague–Visby Rules is a set of international rules for the international carriage of goods by sea.
Hamer v. Sidway, 124 N.Y. 538, 27 N.E. 256 (N.Y. 1891), was a noted decision by the New York Court of Appeals (the highest court in the state), New York, United States.
Harvey McGregor CBE QC (25 February 1926 – 27 June 2015) was a British barrister and was Warden of New College, Oxford, from 1985 to 1996.
In contract law or tort law, the term heads of loss or heads of claim refers to categories of damage that a party may incur.
A set of heads of agreement, heads of terms or letter of intent is a non-binding document outlining the main issues relevant to a tentative (partnership or other) agreement.
Her Majesty's Principal Secretary of State for the Home Department, normally referred to as the Home Secretary, is a senior official as one of the Great Offices of State within Her Majesty's Government and head of the Home Office.
Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd is a landmark English contract law case.
Hutton v Warren (1836) 1 M&W 460 is an English contract law case, concerning implied terms.
Ian Roderick Macneil of Barra (The Macneil of Barra, Chief of Clan MacNeil, also known as Clan Niall and 26th of Barra, also Baron of Barra) was a Scottish American legal scholar.
In economics, implicit contracts refer to voluntary and self-enforcing long term agreements made between two parties regarding the future exchange of goods or services.
An implied-in-fact contract is a form of an implied contract formed by non-verbal conduct, rather than by explicit words.
An indenture is a legal contract that reflects or covers a debt or purchase obligation.
India (IAST), also called the Republic of India (IAST), is a country in South Asia.
Indian contract law regulates contract law in India.
Influenza, commonly known as "the flu", is an infectious disease caused by an influenza virus.
In contract theory and economics, information asymmetry deals with the study of decisions in transactions where one party has more or better information than the other.
An injunction is an equitable remedy in the form of a court order that compels a party to do or refrain from specific acts.
In insurance, the insurance policy is a contract (generally a standard form contract) between the insurer and the insured, known as the policyholder, which determines the claims which the insurer is legally required to pay.
Intention to create legal relations', otherwise "intention to be legally bound", is a doctrine used in contract law, particularly English contract law and related common law jurisdictions.
The term interim order refers to an order issued by a court during the pendency of the litigation.
An invitation to treat (or invitation to bargain in the United States) is a concept within contract law.
Israel, officially the State of Israel, is a country in the Middle East, on the southeastern shore of the Mediterranean Sea and the northern shore of the Red Sea.
J Spurling Ltd v Bradshaw is an English contract law and English property law case on exclusion clauses and bailment.
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for certain British territories and Commonwealth countries.
The House of Lords, in addition to having a legislative function, historically also had a judicial function.
Jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a legal body to administer justice within a defined field of responsibility, e.g., Michigan tax law.
L'Estrange v F Graucob Ltd 2 KB 394 is a leading English contract law case on the incorporation of terms into a contract by signature.
Laches ("latches",; Law French: remissness, dilatoriness, from Old French laschesse) refers to a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regards to equity; hence, it is an unreasonable delay that can be viewed as prejudicing the opposing party.
Latin (Latin: lingua latīna) is a classical language belonging to the Italic branch of the Indo-European languages.
A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal changes or restructuring.
The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, that is authorized to act on behalf of another (called the principal) to create legal relations with a third party.
The law of obligations is one branch of private law under the civil law legal system and so-called "mixed" legal systems.
In Bulgaria, the law of obligations is set out by the Obligations and Contracts Act (OCA).
The Law of Property Act 1925 is a statute of the United Kingdom Parliament.
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States.
The Law Reports is the name of a series of law reports published by the Incorporated Council of Law Reporting.
A lawsuit (or suit in law) is "a vernacular term for a suit, action, or cause instituted or depending between two private persons in the courts of law." A lawsuit is any proceeding by a party or parties against another in a court of law.
A legal person (in legal contexts often simply person, less ambiguously legal entity) is any human or non-human entity, in other words, any human being, firm, or government agency that is recognized as having privileges and obligations, such as having the ability to enter into contracts, to sue, and to be sued.
Legal realism is a naturalistic approach to law, and is the view that jurisprudence should emulate the methods of natural science, i.e., rely on empirical evidence.
A legal remedy, also judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will.
Legislation (or "statutory law") is law which has been promulgated (or "enacted") by a legislature or other governing body or the process of making it.
The doctrine of legitimate expectation was first developed in English law as a ground of judicial review in administrative law to protect a procedural or substantive interest when a public authority rescinds from a representation made to a person.
Letters of assist refers to a contractual document issued by the United Nations (UN) to a government authorizing it to provide goods or services to a peacekeeping or other UN operation.
This is a list of Law reports covering the decisions of Australian Courts.
The Lochner era is a period in American legal history from 1897 to 1937 in which the Supreme Court of the United States is said to have made it a common practice "to strike down economic regulations adopted by a State based on the Court's own notions of the most appropriate means for the State to implement its considered policies," by using its interpretation of substantive due process to strike down laws held to be infringing on economic liberty or private contract rights.
Lon Luvois Fuller (June 15, 1902 – April 8, 1978) was a noted legal philosopher, who criticized legal positivism and defended a secular and procedural form of natural law theory.
Maredelanto Compania Naviera SA v Bergbau-Handel GmbH or The Mihalis Angelos is an English contract law case, concerning breach of contract.
Marxism is a method of socioeconomic analysis that views class relations and social conflict using a materialist interpretation of historical development and takes a dialectical view of social transformation.
McRae v Commonwealth Disposals Commission,.
Meet-or-release contracts are contracts that include "meet or release" competition clauses.
Meeting of the minds (also referred to as mutual agreement, mutual assent or consensus ad idem) is a phrase in contract law used to describe the intentions of the parties forming the contract.
A memorandum of understanding (MoU) is a type of agreement between two (bilateral) or more (multilateral) parties.
Merritt v Merritt is an English contract law case, on the matter of creating legal relations.
A minimum wage is the lowest remuneration that employers can legally pay their workers.
In law, a minor is a person under a certain age, usually the age of majority, which legally demarcates childhood from adulthood.
In the law of contracts, the mirror image rule, also referred to as an unequivocal and absolute acceptance requirement, states that an offer must be accepted exactly with no modifications.
A concept of English law, a misrepresentation is an untrue or misleading statement of fact made during negotiations by one party to another, the statement then inducing that other party into the contract.
Misrepresentation Act 1967 is a United Kingdom Act of Parliament of the United Kingdom which amended the common law principles of misrepresentation.
In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true.
The Napoleonic Code (officially Code civil des Français, referred to as (le) Code civil) is the French civil code established under Napoléon I in 1804.
National security refers to the security of a nation state, including its citizens, economy, and institutions, and is regarded as a duty of government.
In jurisprudence, a natural person is a person (in legal meaning, i.e., one who has its own legal personality) that is an individual human being, as opposed to a legal person, which may be a private (i.e., business entity or non-governmental organization) or public (i.e., government) organization.
Negligence (Lat. negligentia) is a failure to exercise appropriate and or ethical ruled care expected to be exercised amongst specified circumstances.
Negotiation comes from the Latin neg (no) and otsia (leisure) referring to businessmen who, unlike the patricians, had no leisure time in their industriousness; it held the meaning of business (le négoce in French) until the 17th century when it took on the diplomatic connotation as a dialogue between two or more people or parties intended to reach a beneficial outcome over one or more issues where a conflict exists with respect to at least one of these issues.
The New York Stock Exchange (abbreviated as NYSE, and nicknamed "The Big Board"), is an American stock exchange located at 11 Wall Street, Lower Manhattan, New York City, New York.
Non est factum (Latin for "it is not deed") is a defence in contract law that allows a signing party to escape performance of an agreement "which is fundamentally different from what he or she intended to execute or sign." A claim of non est factum means that the signature on the contract was signed by mistake, without knowledge of its meaning.
The NSW Law Reports are the official reports of the courts of New South Wales, Australia.
Objective tests are measures in which responses maximize objectivity, in the sense that response options are structured such that examinees have only a limited set of options (e.g. Likert scale, true or false).
Objectivity is a central philosophical concept, objective means being independent of the perceptions thus objectivity means the property of being independent from the perceptions, which has been variously defined by sources.
Offer and acceptance analysis is a traditional approach in contract law.
"One size fits all" is a description for a product that would fit in all instances.
An option contract, or simply option, is defined as "a promise which meets the requirements for the formation of a contract and limits the promisor's power to revoke an offer." Restatement (Second) of Contracts § 25 (1981).
An oral contract is a contract, the terms of which have been agreed by spoken communication.
In business or commerce, an order is a stated intention, either spoken or written, to engage in a commercial transaction for specific products or services.
Pacta sunt servanda (Latin for "agreements must be kept"), a brocard, is a basic principle of civil law, canon law, and international law.
The panacea, named after the Greek goddess of universal remedy Panacea, is any supposed remedy that is claimed to cure all diseases and prolong life indefinitely.
Payne v Cave (1789) 3 TR 148 is an old English contract law case, which stands for the proposition that an auctioneer's request for bids is not an offer but an invitation to treat.
In legal parlance, a peppercorn is a metaphor for a very small payment, a nominal consideration, used to satisfy the requirements for the creation of a legal contract.
Per incuriam, literally translated as "through lack of care" is a device within the common law system of judicial precedent.
In the United States, the perfect tender rule refers to the legal right for a buyer of goods to insist upon "perfect tender" by the seller.
In English law, a petition of right was a remedy available to subjects to recover property from the Crown.
Plausible deniability is the ability of people (typically senior officials in a formal or informal chain of command) to deny knowledge of or responsibility for any damnable actions committed by others in an organizational hierarchy because of a lack of evidence that can confirm their participation, even if they were personally involved in or at least willfully ignorant of the actions.
The pound sterling (symbol: £; ISO code: GBP), commonly known as the pound and less commonly referred to as Sterling, is the official currency of the United Kingdom, Jersey, Guernsey, the Isle of Man, South Georgia and the South Sandwich Islands, the British Antarctic Territory, and Tristan da Cunha.
Poussard v Spiers and Pond (1876) 1 QBD 410 is an English contract law case, concerning the classification of contract terms and wrongful dismissal.
The principal–agent problem, in political science and economics, (also known as agency dilemma or the agency problem) occurs when one person or entity (the "agent") is able to make decisions and/or take actions on behalf of, or that impact, another person or entity: the "principal".
Professional services are occupations in the tertiary sector of the economy requiring special training in the arts or sciences.
A promise is a commitment by someone to do or not do something.
Property insurance provides protection against most risks to property, such as fire, theft and some weather damage.
Public policy is the principled guide to action taken by the administrative executive branches of the state with regard to a class of issues, in a manner consistent with law and institutional customs.
In everyday language, puffery refers to exaggerated or false praise.
Quantum meruit is a Latin phrase meaning "what one has earned".
A quasi-contract (or implied-in-law contract or constructive contract) is a fictional contract recognised by a court.
The Queen's Bench (or, during the reign of a male monarch, the King's Bench, Cour du banc du Roi) is the superior court in a number of jurisdictions within some of the Commonwealth realms.
Raffles v Wichelhaus, often called "The Peerless" case, is a leading case on mutual mistake in English contract law.
In law, a reasonable person, reasonable man, or the man on the Clapham omnibus is a hypothetical person of legal fiction crafted by the courts and communicated through case law and jury instructions.
A reception statute is a statutory law adopted as a former British colony becomes independent, by which the new nation adopts (i.e. receives) pre-independence English common law, to the extent not explicitly rejected by the legislative body or constitution of the new nation.
A relational contract is a contract whose effect is based upon a relationship of trust between the parties to which it pertains.
In contract law, rescission has been defined as the unmaking of a contract between parties.
The law of restitution is the law of gains-based recovery.
The Rome I Regulation (Regulation (EC) No of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations) is a regulation which governs the choice of law in the European Union.
Rose & Frank Co v JR Crompton & Bros Ltd is a leading decision on English contract law, regarding the intention to create legal relations in commercial arrangements.
The Sale of Goods Act 1979 is an Act of the Parliament of the United Kingdom which regulated English contract law and UK commercial law in respect of goods that are sold and bought.
In law, severability (sometimes known as salvatorius, from Latin) refers to a provision in a contract which states that if parts of the contract are held to be illegal or otherwise unenforceable, the remainder of the contract should still apply.
Sharia, Sharia law, or Islamic law (شريعة) is the religious law forming part of the Islamic tradition.
A smart contract is a computer protocol intended to digitally facilitate, verify, or enforce the negotiation or performance of a contract.
Smith v Hughes (1871) LR 6 QB 597 is an English contract law case.
A smoke bomb is a firework designed to produce smoke upon ignition.
In both moral and political philosophy, the social contract is a theory or model that originated during the Age of Enlightenment.
A software license is a legal instrument (usually by way of contract law, with or without printed material) governing the use or redistribution of software.
South African contract law is ‘essentially a modernised version of the Roman-Dutch law of contract’,Du Plessis, et al.
Southern Foundries (1926) Ltd v Shirlaw AC 701 is an important English contract law and company law case.
Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such to complete performance of the contract.
A specification often refers to a set of documented requirements to be satisfied by a material, design, product, or service.
A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" position.
A statute is a formal written enactment of a legislative authority that governs a city, state, or country.
The statute of frauds refers to the requirement that certain kinds of contracts be memorialized in a writing, signed by the party to be charged, with sufficient content to evidence the contract.
The Statute of Frauds (29 Car 2 c 3) (1677) is an Act of the Parliament of England.
Stilk v Myrick is an English contract law case heard in the King's Bench on the subject of consideration.
In United States law, a stipulation is a formal legal acknowledgment and agreement made between opposing parties before a pending hearing or trial.
At common law, substantial performance is an alternative principle to the perfect tender rule.
The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS) is the highest federal court of the United States.
The Tang dynasty or the Tang Empire was an imperial dynasty of China preceded by the Sui dynasty and followed by the Five Dynasties and Ten Kingdoms period.
Tenet v. Doe, 544 U.S. 1 (2005), was a United States Supreme Court case in which the court ruled unanimously that spies (those recruited for espionage by the Central Intelligence Agency) cannot sue the CIA or the United States government to enforce an espionage contract.
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their sub-divisions (such as Crown dependencies, provinces, or states).
The Moorcock (1889) 14 PD 64 is a leading English contract law case which incepted an important test for identifying the main terms the law will imply into commercial (non-consumer) agreements, that is those "necessary and obvious...to give business efficacy".
Theatre or theater is a collaborative form of fine art that uses live performers, typically actors or actresses, to present the experience of a real or imagined event before a live audience in a specific place, often a stage.
The Thirteenth Amendment (Amendment XIII) to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime.
Thomas Boylston (January 26, 1644) was a prominent early-American doctor and patriarch of the influential Boylston family of Massachusetts.
Thomas Jefferson (April 13, [O.S. April 2] 1743 – July 4, 1826) was an American Founding Father who was the principal author of the Declaration of Independence and later served as the third president of the United States from 1801 to 1809.
Alfred Thompson “Tom” Denning, Baron Denning, (23 January 1899 – 5 March 1999) was an English lawyer and judge.
A tort, in common law jurisdictions, is a civil wrong that causes a claimant to suffer loss or harm resulting in legal liability for the person who commits the tortious act.
The tort of deceit is a type of legal injury that occurs when a person intentionally and knowingly deceives another person into an action that damages them.
Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when one person intentionally damages someone else's contractual or business relationships with a third party causing economic harm.
In economics and related disciplines, a transaction cost is a cost in making any economic trade when participating in a market.
Uberrima fides (sometimes seen in its genitive form uberrimae fidei) is a Latin phrase meaning "utmost good faith" (literally, "most abundant faith").
Ultra vires is a Latin phrase meaning "beyond the powers".
Unconscionability (sometimes known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience.
In jurisprudence, undue influence is an equitable doctrine that involves one person taking advantage of a position of power over another person.
An unenforceable contract or transaction is one that is valid but one the court will not enforce.
The Unfair Contract Terms Act 1977 is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms.
The Uniform Arbitration Act was an act that originated in the year 1955.
The Uniform Commercial Code (UCC), first published in 1952, is one of a number of uniform acts that have been put into law with the goal of harmonizing the law of sales and other commercial transactions across the United States of America (U.S.) through UCC adoption by all 50 states, the District of Columbia, and the U.S. territories.
Unilateralism is any doctrine or agenda that supports one-sided action.
The United Nations Convention on Contracts for the International Sale of Goods (CISG; the Vienna Convention) is a treaty that is a uniform international sales law.
The United States of America (USA), commonly known as the United States (U.S.) or America, is a federal republic composed of 50 states, a federal district, five major self-governing territories, and various possessions.
Contract law regulates the obligations established by agreement, whether express or implied, between private parties in the United States.
In contract law, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust.
In the history of the United Kingdom, the Victorian era was the period of Queen Victoria's reign, from 20 June 1837 until her death on 22 January 1901.
The Victorian Reports (VR) are a series of law reports which report significant cases from the Supreme Court of Victoria in its first decisions and appeal decisions jurisdictions.
In English law, a vitiating factor in the common law of contract is a factor that can affect the validity of a contract.
In law, void means of no legal effect.
Voidable, in law, is a transaction or action that is valid but may be annulled by one of the parties to the transaction.
A voidable contract, unlike a void contract, is a valid contract which may be either affirmed or rejected at the option of one of the parties.
In contract law, a warranty has various meanings but generally means a guarantee or promise which provides assurance by one party to the other party that specific facts or conditions are true or will happen.
WN Hillas & Co Ltd v Arcos Ltd is a landmark House of Lords case on English contract law where the court first began to move away from a strict, literal interpretation of the terms of a contract, and instead interpreted it with a view to preserve the bargain.
Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue their employer for the tort of negligence.
Bilateral contract, Binding agreement, Binding contract, Contract (legal), Contract Law, Contract document, Contract law, Contract system, Contracting, Contracting party, Contracts, Contracts law, Contractual, Contractual agreement, Contractual law, Contractual obligations, Contractual power, Contractual powers, Contractual rights, Contrat à durée indéterminée, Cotract, Express contract, Guarantees, Kill fee, Law of contract, Law of contracts, Legal Detriment, Legal agreement, Legal contract, Legally binding, Obligee, Obligor, Open-ended contract, Parent contract, Performance of a contract, Performance of an obligation, Requirements of an Insurance Contract, Service Agreement, Service agreement, Types of contract, Unilateral Contracts, Unilateral contract, Verbal contracts, Verbally binding, Written contract, Written contracts.