History of the Common Law of Contract
At the international level, the United Kingdom has joined the European Union, which aims to harmonise essential parts of consumer and labour law between Member States. In addition, commercial contracts received ideas from abroad as the market opened up. The Principles of European Contract Law, the UNIDROIT Principles of International Commercial Contracts and the practice of international commercial arbitration have changed the way we think about English contractual principles with the rest of the globalised economy. During the Industrial Revolution, English courts became increasingly associated with the concept of “freedom of contract.” This was partly a sign of progress when the remnants of feudal and mercantile restrictions on workers and enterprises were lifted, a movement of people from “status to contract.” [23] On the other hand, a preference for laissez-faire thinking masked the inequality of bargaining power in employment, consumption and rental contracts. Central to nursery rhymes such as Robert Browning`s Pied Piper of Hamelin in 1842 was the legendary idea that if people had promised something, “keep our promise.” [24] But then, as if everyone had the same degree of free will, a general contract law was established, supposed to cover any form of agreement. The courts were wary of interference with agreements on any party, so much so that Sir George Jessel MR proclaimed in Printing and Numerical Registry Co v Sampson that “contracts, when freely and voluntarily entered into, are regarded as sacred and enforced by the courts.” [25] The Judicature Act of 1875 merged the courts of chancery and the common law, with principles of fairness (such as estoppel, undue influence, resignation for misrepresentation, fiduciary duties or disclosure requirements in certain transactions) always taking precedence. However, the fundamental principles of English contract law remained stable and familiar, as an offer for certain conditions reflected in acceptance, supported by a counterparty and free from coercion, undue influence or misrepresentation would generally be enforceable. The “Orientals” who came to trade brought goods and money, which the English called “sterling”[17], and standard rules for trade, which formed a Lex Mercatoria, the laws of merchants. Commercial custom was more influential in coastal trading ports such as London, Boston, Hull and King`s Lynn. The new contract law has begun to develop throughout Europe thanks to the practices of traders; These were initially outside the legal system and could not be upheld in court. Traders have developed informal and flexible practices adapted to the active life of companies. Until the 13th century, merchants` prices were established at international fairs.
The commercial courts ensure speedy procedures and justice and are administered by men who are themselves merchants and are therefore fully aware of commercial problems and customs. Contract law is the product of a business civilization. It will not be found significantly in non-commercial companies. Most primitive societies have other means of enforcing the obligations of individuals; For example, by kinship or by the authority of religion. In a barter-based economy, most transactions are self-executing because the transaction is carried out on both sides at the same time. Problems can arise if it later turns out that the exchanged goods are defective, but these problems are dealt with by property law – with its penalties for taking or damaging someone else`s goods – rather than contract law. I will not attempt to trace the ancient history of the old law, and so I will only occasionally go back before the yearbook period.1 Another limitation in the scope of this part of the book must be emphasized – my main concern is the common law of contracts and its doctrines. Even today, the law of the royal courts is not the only law in England, even under a very narrow legal concept. Thus, Oxford students are subject to a special system of laws and regulations administered by university supervisors, and these laws and regulations differ considerably, and some have unfortunately thought from the general law of the land. In medieval England, in addition to the common law courts, there were also many courts.
Some, such as Christian courts, were professionally run and administered a doctrinalized legal system; Others, such as Piepowder courts at markets and fairs, applied relatively simple systems of customary law. At the time of Glanvill2, that is, in the twelfth century, the royal court had already acquired considerable jurisdiction over criminal law and property law, but had barely begun to deal with private contracts. The author of the Tractatus de Legibus et Consuetudinibus Regni Anglie (traditionally attributed to Rannulf Glanvill3) therefore excuses his treatment of the subject: “We deal briefly with the above-mentioned treaties, which are based on the consent of individuals, for, as noted above, it is not Lord King`s court to protect private agreements, or even such contracts. which can be considered private agreements. 4 Entering into, in the simplest definition, a legally enforceable promise. The promise can be to do something or not to do something. The conclusion of a contract requires the mutual consent of two or more persons, one of whom usually makes an offer and another accepts. If one of the parties does not keep its promise, the other is entitled to compensation. Contract law deals with issues such as the existence of a contract, its service, the breach of a contract and the compensation to which the aggrieved party is entitled. Roman treaty law, as found in the law books of the 6th century Byzantine emperor Justinian, reflected a long economic, social and legal development.
It has recognized different types of contracts and agreements, some of which are enforceable and some of which are not. Much of the history of law revolves around the classifications and distinctions of Roman law. It was only at the final stage of its development that Roman law generally applied informal performance contracts, i.e. agreements that had to be executed after they had been concluded. This stage of development was lost with the collapse of the Western Empire. As Western Europe descended from an urbanized commercial society to a localized agrarian society, Roman courts and administrators were replaced by relatively weak and imperfect institutions. The history of English contract law has been greatly influenced by ancient Greek and Roman thought. In laws, Plato paid little attention to the forms of agreement, but recognized the same basic categories for the annulment of agreements that exist today. Roman law identified distinct categories of contractual transactions, each with its own requirements that had to be fulfilled in order for promises to be fulfilled. The general nature, determination, required that different words be used to establish an obligation, or in a contractus litteris it could be written. There were four categories of consensual agreements[1] and four types of contracts that created property rights, such as a pledge (pignus) or a secured loan (mutuum).