Introduction to Contract law
Contract law basically handles the promises that can’t be forced and can be combined in the Latin phrase pacta sunt servanda (agreements must be kept). Three key elements in the common law jurisdictions are essential to the creation of a contract: offer and acceptance, consideration, and intention to create a legal relationship. In Carlill v Carbolic Smoke Ball Company which is a type of medical firm promoted that its latest wonder drug named smokeball can treat the people’’ flu and if it did not, the buyer would get £100. When the drug didn’t work, many people sued him for £100. Fearing bankruptcy, Karboli argued that the advertisement should not be taken as a serious, legally binding proposition. One can easily get the answer of what is l1 visa in usa and get the best immigration attorney in houston texas by visiting the barra de abogados de inmigracion en texas.
It was a type of invitation for the treat, mere puffery, a gimmick. But the Court of Appeal held that Karabalik had made a serious offer to a reasonable person that, as emphasized by his reassuring statement, that «£1,000 has been deposited». By maintaining equality, people have been considered for the offer by going to the “distinct inconvenience” of making the use of a faulty product. «Read the advertisement how you will, and bend it as you wish», «here is a distinct promise expressed in language which is wholly unmistakable», said Lord Justice Lindley.
Consideration shows the fact that all the parties have done an exchange of something of value. Examples of some common law systems which also include Australia, are getting away from the idea of consideration as a requirement. The main concept of culpa or estoppel in contrahendo, can be used in order to create the obligations during the pre-contractual negotiations.
Along with a more interventionist role for the state in both the enforcement and formation of the contracts civil law jurisdiction treats the contracts in a wide number of aspects. Compared to common law jurisdictions, the civil law system incorporates more mandatory terms into contracts, allows courts to interpret and amend contract terms, and imposes a stronger duty of good faith, but does not include penal clauses. And contracts are not included. Implementation-specific performance is also more likely. In addition, there is no requirement of consideration for a contract to be binding. In France, a simple contract is made only on the basis of «meeting of minds» or «consent of will».