England and the Continent: Distinguishing the Peculiarities of the English Common Law of Contract
Since law is indelibly marked by its history, it is hardly surprising that law and legal thinking in England - and the mainly Anglophone countries which follow it - are very different from those in countries in the European-continental tradition, which includes all of Latin America and much of the Near and Far East. This presents a real challenge to the comparatist who seeks to see the global picture. No topic better illustrates the difference between the continent and England than their respective approaches to the law of contract. This book examines England's law of contract, for not only is it at the heart of private law, but it affects other areas as well, and it has been the object of analysis, debate, and theorizing on both sides of the English Channel. By studying this core of the law of obligations, one can come to see the basic structure of a legal system and the way its component parts are interconnected.
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the Doctrine and its Historical Background
The Emergence of a Doctrine of Consideration
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Addison note 40 agreement Anson arrha assumpsit Atiyah Attorney-at-Law aut ex background Beawes binding Blackstone Bracton Caldwell causa cause century Charles Viner Cheshire/Fifoot note 60 Chitty note claimant Commentaries common law consensual consideration must move continent contract law contractual claims coronation counterpromise Curia Regis deal debt decisions deed delict delivery Detinue doctrine of consideration doctrine of frustration duties edition effect Eng.Rep England English law English lawyers fact form of action French Code civil Function of Consideration Germanic Glanvill individual promise invalid J.H. Baker Joseph Chitty law of contract law of obligations legal history LL.M loc.cit Norman nudum pactum obligations arising pacta parties payment performance Pinnel's principle Private Law promisor promissio reason reference rendered requirement of consideration Roman law royal courts rule S.F.C. Milsom stipulatio Taylor tion tort tract tradition treated undertaking unilateral promises University of Bern University of Fribourg valid whereas