General points of law on contracts

Question 1

How did Nicholas view contracts arising

Answer 1

Out of debt rather than agreement. Being promissory or real.

Former formal, latter not so.

Question 2

Fuller’s 3 good & bad points on promissory contracts

Answer 2

+ 1. Evidentiary:
+ 2. Cautionary: Acts as ‘check against inconsiderate action’, ensures they realize importance of transaction
+ 3. Channelling: Formalities provide a simple and external list of enforceabilities

• 1. Cumbersome
• 2. Difficult to assign which contracts should be governed by form requirements
• 3. When an ‘innocent’ party has acted to his detriment upon a ‘contract’ which did not comply with the relevant formalities

Question 3

Consequences of the lack of generalisation in the law of contract’S’

Answer 3

• Possibility of gaps in the law
• Each type of contract had appropriate forms of actions and the choice of the wrong form could lose a man his case. Needed to show not just a contract entered into but that type which specified the formula of the action.

Question 4

Novation

Answer 4

• Rights/ duties created via. contract could be transferred to a third party via a fresh contract with 3rd party and one of original
• Consent required of that not benefitting

Question 5

Delegatio

Answer 5

Type iof novation
- A owes B
- B owes C
- B may direct A to pay C
Requires consent of all parties