Topic > Considerations on contract law - 1887

“A contract is an agreement which gives rise to an obligation which is imposed or recognized by law”. The development of the rules and procedures required by contract law derives from common law and statutes. Individual judges' decisions on disputes, which grew over time, generated the idea of ​​what constituted a contract. The view that English contract law is hampered by the narrow range of backgrounds from which judges come; it has been denied here. This is because English contract rules provide for formation, duress, illegality, capacity, frustrated contracts and remedies; who are committed to representing society as a whole and in particular the common members of society. Judges in the English judiciary are not representative, although this has no impact on contract law, as their decisions are based on facts and interpretation of the law, so a judge's opinion does not constitute a decision. However, this essay does not refute the fact that judges in the judiciary are known to be an “old boys club.” However, the introduction of the Judicial Appointments Committee directs the judiciary towards a reform of representation. Therefore, this essay aims to demonstrate that contract law rules are not unfair to ordinary members of society and that the background of judges does not hinder contract law. Furthermore, to show a reform implemented to make judges representative. The idea that the justice system is built on the narrow range of backgrounds of judges who are predominantly older, white, Eton and Oxford educated men means that the system is unrepresentative has been disproven here. This is due to 2013 judicial statistics showing that of the 3,621 judges appointed, only 2...... half of the paper...... scope of the contract, or those damages that are within the reasonable contemplation of the parties in the the moment of negotiation. This shows that a remedy aims to put the innocent party in the position where the contract had been performed. Furthermore, the case of Victoria Laundry Ltd v Newman Industries demonstrates that, if the innocent party wishes to seek compensation in excess of reasonably foreseeable consequences, the defendants must be aware of the circumstances. Furthermore, Nutbrown v. Thornton demonstrates that specific performance is only used when damages are inadequate. As the appellant was unable to purchase the machines elsewhere. Therefore, the doctrine of remedies reflects the attitude of ordinary members of society. Contract law aims to protect the innocent party; Demonstrate that the non-representation of judges has no impact on contract law, allowing it to be claimed as fair.