UK Contract Law – Key Statutes SGA 79 UCTA UK Contract Law SGSA 77 82 SSGA 94
UK Contract Law – Hygiene Factors Surprising as it may seem, there is no such thing as ......... The Contract Law Act !!!
Common Law Systems – legal topography Politicians Statute Law Case Law Judges
Common or Civil?
COMMON OR CIVIL? or ..... Statute Law Judge decisions Codified Common Law or ..... Civil Law (Napoleonic Law) (Roman Law) Statute Law Judge decisions Codified precedent capricious consistent potentially inconsistent case law = primary source case law = secondary source
UK COMMERCIAL LAW UK Contract Law Consumer legislation Competition law Agency law UK Contract Law Law of obligations International law Property law
UK Contract Law – Hygiene Factors Case Law Statute Law Key Commercial considerations The Firm Key Contractual considerations How can we limit liability? Who is liable? * Quality * Passing of title * Acceptance & Rejection * Formation of Contract * Voidable Contracts * Breach of Contract
Essentials of a valid Simple Contract The Magnificent Seven ......
Essentials of a valid Simple Contract Offer & Acceptance Capacity Intention Consent Consideration Legality Possibility All the above elements must be present. If any is absent, a contract will be void, voidable or unenforceable.
Order (acceptance) stage Buyer typically communicates acceptance of the Seller’s offer with the following Contract Letter Purchase Order Legally they are the same thing. Where the order clearly and unequivocally accepts the seller’s offer a contract comes into being
The Battle of the Forms
Who can enter into Contracts?
Discharge of Contract Laws change Loss of a ship or a fire 4b. By Frustration Laws change Loss of a ship or a fire
Acceptance & Rejection Breach – remember ... WARRANTY CONDITION root incidental Terminate Damages Damages
The Contract Management Task Business Case CC – copy Key Stakeholders Contract Strategy repository Review Meetings A to Z * Execute Contract Documents Contract Initiation Meeting Contract Deliverables A to Z Contract Communic- ations Contract Management Plan Contract Payments A to Z Contract Exit Plan * Deal with Uncertainties and changes Contract Amendments Benefits Realization Plan Close the Contract