Development of LAWROMAN

Decisions were made by judges or juries, the written record of those decision was not kept. The decisions were passed on by word of mouth from generation to generation. During the reign of the Emperor Justinian ( A.D 527 565) a great body of law was developed and WRITTEN.WRITTEN LAWS

Development of LAW

COMMONThe English system, it is the body of legal decision made by English courts judges, under the authority of the king, over a period of many years. English judges traveled to various communities in their locality to hold court and try cases. The made decisions based on local customs and traditions but they did not write those decisions down.UNWRITTEN LAWS

CONTRACT

isany voluntary legally binding agreement between two or more parties to do or not do something.

The Elements of Valid contractAGREEMENT

CONSIDERATION

COMPENT PARTIES

LEGAL PURPOSE

LEGAL PURPOSE

Subject matter of contract must not be against the LAW .

HOW THE AGREEMENT REACHED ?OFFER

&

ACCEPTANCE

THE OFFER

Making an offer ( a promise) from the parties.

Must : (the requirements) SERIOUSLYDEFINITECOMMUNICATED

SERIOUSLY

The OFFEROR must clearly and seriously intend to make an offer to the OFFEREE .

DEFINITE

An OFFER that is indefinite terms such as

PRICE, SUBJECT MATTER &QUANITITY

The court will not enforce contract is not clear in the wording

COMMUNICATED

The OFFEREE must know that an offer has been made and must know the terms of the offer .

If NOT, there can be NO legal acceptance by the OFFEREE .

HOW an OFFER ends

Laps of timeRejectionCounterofferDeathIllegalityImpossibility

TERMINATION of CONTRACTS

HOW CONTRACTS END ?

** Discharge by Performance

** Discharge by Agreement of the parties

** Discharge by Operation of LAW..

2- CONTRACTTERMINATION of CONTRACTS

DISCHARGE

A Contract is usually discharge by

performance; that is, the PARTIES

have fulfilled the terms of the agreement as PROMISED

HOW CONTRACTS END ?

** Discharge by Performance

** Discharge by Agreement of the parties

** Discharge by Operation of LAW

Discharge by Performance

1- Legal Tender

2- Degrees of Performance

1- Legal Tender:

Form of money accepted as lawful payment of debts .

2- Degrees of Performance :

Full when both parties do all what they agreed on to do under a contract .

Substantial good faith of but the minors details of a contract.

Discharge by Agreement of the parties

1- Rescission

2- Novation

3- Accord and satisfaction

1- Rescission

RESCIND to cancel a CONTRACT and return parties to the position that that exited prior to the making of the contract .

2- Novation

NOVATION, substitution of new party for one of the original parties to a contract .

3- Accord and satisfaction

ACCORD, agreement to accept performance different from that original contract.

SATISFACTION, performance of the terms of a new agreement an accord.

THE NEW AGREEMENT CALLED SUBSTITUTE CONTRACT

Impossibility

1- Destruction of the subject matter

2-Death or serious illness

Discharge by Operation of LAW

1-Destruction of the subject matter

If the subject matter that is necessary to the performance of the contract is destroyed through no fault of either party.

2- Death or serious illness

A person services contract ENDED by decease also, when s/he became seriously ill or disabled .

3- Change the law

After the contract agreement, it was a LAW is passed after legally constituted contract is made..

That will make the performance illegal.

BREACH of CONTRACT

When one party fails to perform the obligations required by a contract .

REMEDY, course of action an injured party may take to get satisfaction for breach of contract.

Fraud

Entering into contract and intentionally making a false statement about a material fact or concealing a material fact.

Duress

Forcing one to enter into a contract by using violence or threats of violence.

Undue Influence

Power or dominance used to make persons enter into a contract against their will.

Mistake

It is ERROR about certain facts made by only ONE or BOTH to a CONTRACT.

UNILATERAL mistake: by only ONE party.

MUTUAL mistake : by BOTH parties.

Bankruptcy

A person who is hopelessly in debt may resort to bankruptcy to be relived of many obligations.

It will prevents a creditors from suing to collect the money from the person who has more debts then money to pay them.

Statute of limitations

Law fixing a time limit within which lawsuits must be started.

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