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BLA 200 Contract Lecture

This lecture offers an insightful overview of the evolution of contract law within the common law system. It examines fundamental themes, such as enforceability and the nature of promises, and traces the historical context through ancient laws, including Hammurabi's Code, Celtic Law, and Roman Law. The discussion extends to modern contributions from equity, the role of statutory law, and the impact of international conventions. Attendees will gain a deeper understanding of how contractual obligations have shaped legal practices and continue to adapt to changing social and economic conditions.

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BLA 200 Contract Lecture

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  1. BLA 200 Contract Lecture A Short History of the Development of Contract in the Common Law

  2. 1 Themes • “ An agreement giving rise to legally enforceable obligations binding on the parties to it” • Promises (unilateral - mutual) • Partly performed/Performed • Form or substance

  3. 2 Ancient Laws and Codes • Hammurabi 1792-1750 BCE (282 cases) • Preliterate societies ( reciprocity, “status to contract” Maine)

  4. 2 Celtic Law Celtic law and common law Senchus Mor - four sets of laws Law of contract and law of status “ confusion if verbalcontracts were not binding”

  5. 3 Roman Law • XII Tables 450BC • GAIUS - Responsa of Jurists(ius civile, ius gentium) • JUSTINIAN 533 AD (IUS, LEGES) TYPES OF AGREEMENTS • MUTUUM (Bailment – Loan) • EX STIPULATIO (Verbal – Form) • EX CONSENSU (Bilateral sale, agency, partnership)

  6. 4 The Common Law WRIT SYSTEM (UBI IUS, IBI REMEDIUM) • REPLEVIN (wrongful restraint) • DETINUE (detention - value) • COVENANT • DEBT (fixed sum - no damages) • ACCOUNT • TRESPASS (“on the Case”)

  7. 5 The Common Law ASSUMPSIT • Misfeasance and the Mare Humber Ferryman 1348 • SLADE’S CASE 1602 • Special / Indebitatus Assumpsit

  8. 5 The Common Law • Consideration • Deed • 19th century writers • 20th century legislation

  9. 6 Equity’s Contribution • COURT OF CHANCERY- EQUITY - PROCEDURES (Subpoena, discovery, interrogatories) - DISCRETIONARY JURISDICTION • INJUNCTION - SPECIFIC PERFORMANCE • AUXILARY JURISDICTION (CONCURRENT, EXCLUSIVE)

  10. 6 Equity’s Contribution • ESTOPPEL • MISREPRESENTATION • UNCONSCIONABILITY • PRIVITY (3rd Parties) • ASSIGNMENT • UNDUE INFLUENCE • PENALTIES

  11. 6 Equity’s Contribution Continuing Contributions Waltons Stores v Maher (equitable estoppel) • Trident Insurance v McNiece (privity)

  12. 7 Other Systems 1Developing countries - legal transplants 2 Socialist law 3 Market economies 4 Changing economic and social conditions

  13. 8 Major Themes • - the infiltration of equitable principles into common law contract. • - greater role of statutes. • - Australian High Court. • - international conventions.

  14. Last words • Keep up to date • Keep in touch - especially for advice. • Enjoy the term.

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