Legally Binding Contract English Law Assignment question: “Judges have altogether too much input into the terms of legally binding contracts in English Law” critically discuss with statement 2000 words + footnotes
Contract law coursework
Contents of contract will be in the expressed terms
Sometime contracts need to be in the context of a particular social economic situation
Some terms can be implied by the courts
Hutton v Warren [1836]
Sagar v Ridehalgh [1931]
Terms may be implied into contracts by the courts on the basis of an intention imputed by the parties from the actual circumstances
As a rule, the courts tend not to imply terms in contracts because it would interfere in freedom of contract
The “business efficacy” test-various tests developed for implying terms
The Moorcock [1889]
The “officious bystander” test
Shirlaw v Southern Foundries [1926]
Terms that are so obvious, that without it, the contract would not make any sense
Shell UK v Lostock Garages Ltd [1976]
Both the officious bystander test and business efficacy tests are subjective
Terms are not implied to make the cases fairer, it is only when necessary
Until recently it was seen that the courts would imply terms in some cases just to fill in the gaps of the expressed terms- a process of addition, of necessity
Lord Hoffman said that implied terms cannot be an addition as they have been there all along
Marks & Spencer plc v BNP Paribas Securities Services Trust CO. (Jersey) Ltd [2015
Lord Neuberger “…the law governing the circumstances in which terms
Following Marks & Spencers plc, there is a two-stage approach to the interpretation of contractual terms and the implication of terms by the courts
1. The courts will first look at the express terms of the contract to identify the intentions of the parties through he interpretation of the words used
Legally Binding Contract English Law Assignment Questions
2. It must be
Assignment question: “Judges have altogether too much input into the terms of legally binding contracts in English Law” critically discuss with statement 2000 words + footnotes
Critical analysis: Look at the statement from different points of view
In the introduction you show the approaches that you’re going to take
First paragraph: “on the one hand”, “on the other hand”
Build into the assignment the civil justice system i.e. the role of the judge
How to include your own opinion without starting with “I”.
Refer to the legal significance of a case when mentioned in the assignment
What constitutes good sources
Judicial decision
“Substantial” textbooks- citations from judges should be from the case not textbook
Specialist monographs on a given legal topics
Broadsheet newspaper articles
Government reports and papers
Reports of parliamentary debates
Reports from officially recognize sources