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The Doctrine of Consideration - Case Study Example

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This case study "The Doctrine of Consideration" focuses on the idea of legal value in relation to contracts. It also examines the impacts of the decisions made in the Williams v Roffey Bros & Nicholls (Contractors), concerning the doctrine of consideration as provided for in the English Law…
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Download file to see previous pages In the aspect of common law, it is a precondition that all the parties involved to offer consideration before the contract can be described as being binding. However, the doctrine of consideration sometimes happens to be irrelevant in various jurisdictions. It is important to note that present-day commercial litigant dealings have withheld the association between a deed and a promise as being a reflection over the nature of the contractual considerations. This paper examines the impacts of the decisions made in the Williams v Roffey Bros & Nicholls (Contractors), concerning the doctrine of consideration as provided for in the English Law.
The basic proposition according to the English Law that not every promise made is legally enforceable and binding requires that courts develop a mechanism for solving problems in the process of distinguishing non-enforceable and enforceable obligations (Schuette 2005, 46). Courts and other kinds of tribunals often demand this task when it comes to solving different kinds of disputes in employment. This has to be the same as how it happens in other courts concerning the commercial context (Countouris 2007, 12).
For a long time, the classical common law in the UK has dominated the principle of the bargain, something that has made it the predominant or universal explanation given for the contractual liabilities (Chen 2005, 23). However, it is often supplemented by the intentions developed in creating legal relations. In this case, the same is the commands in the doctrine over legal thoughts that the courts have been equally prepared in many instances to develop consideration where it is conspicuously missing instead of questioning its importance.
It has often been argued that the employment law in England has immensely developed into a special condition whereby the idea of consideration is not considered on a consistent basis as the dominating evidence. ...Download file to see next pagesRead More
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