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Principles of the English law of contract
Principles of the English law of contract Author:Unknown Author Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: PART I. INTRODUCTION. THE PLACE OF CONTRACT IN JURISPRUDENCE. At the outset of an inquiry into the principles of the law of Contract it is well to stat... more »e the main objects of the inquiry and the order in which they arise for discussion. Nature of contract.— The first thing to consider is the relation of Contract to other legal conceptions: the ascertainment of this will define, and to some extent explain, the subject of our inquiry. Its formation.— Having ascertained what a contract is, we next ask how it is made. What are the various elements needful to the Formation of a valid contract? Its operation.— When a contract is made it follows to inquire whom it affects, or can be made to affect? What is the Operation of contract? Its interpretation.— Then we must consider the mode in which the Courts deal with the terms of a contract when it comes before them for consideration; or the rules for the Interpretation of contract. Its discharge.—Finally, we must deal with the Discharge of contract, the various processes by which the contractual tie is unfastened and the parties remitted to the relation in which they stood to one another before the contract was made. And first as to the nature of Contract. Contract is Agreement resulting in Obligation.— Contract results from a combination of the two ideas of Agreement and Obligation. Contract is that form of agreement which directly contemplates and creates an Obligation: the contractual Obligation is that form of Obligation which l chapter{Section 4[2] spring? rom Agreement. We should therefore try to get a distinct idea of these two conceptions, and to this end Savigny's analysis of them may advantageously be considered with reference to the rules of English Law. § 1. Agreement. 1. Nature of ...« less