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English contract law is the body of law that regulates legally binding agreements in England and Wales.With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries across the Commonwealth (such as Australia, Canada, India [1]), from membership in the European Union, continuing membership in Unidroit, and to a ...
Modern English contract law is composed primarily of case law decided by the English courts following the Judicature Acts and supplemented by statutory reform. However, a significant number of legal principles were inherited from recording decisions reaching back to the aftermath of the Norman Invasion .
Andrew Stephen Burrows, Lord Burrows, PC, FBA (born 17 April 1957 [1]) is a Justice of the Supreme Court of the United Kingdom.His academic work centres on private law.He is the main editor of the compendium English Private Law and the convenor of the advisory group that produced A Restatement of the English Law of Unjust Enrichment as well as textbooks on English contract law.
Southern Foundries (1926) Ltd v Shirlaw [1940] AC 701 is an important English contract law and company law case. In the field of contracts it is well known for MacKinnon LJ's decision in the Court of Appeal, where he put forth the "officious bystander" formulation for determining what terms should be implied into agreements by the courts.
Holman v Johnson (1775) 1 Cowp 341 is an English contract law case concerning the principles behind illegal transactions.. It is also possibly the first case in English law where the court explicitly recognised that aspects of a claim before the court might be adjudicated according to foreign law.
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Hadley & Anor v Baxendale & Ors [1854] EWHC J70 is a leading English contract law case. It sets the leading rule to determine consequential damages from a breach of contract: a breaching party is liable for all losses that the contracting parties should have foreseen.
The case law has evolved over the years to create a number of exceptions to the rule in Pinnel's case. [4] The exceptions to the rule in Pinnel's case include: Payment accompanied by fresh consideration; [5] Prepayment of debt at the creditor's request; [2] Payment of a lesser sum at another place at the creditor's request; [2]