Development of LAW

ROMAN
Decisions were made by judges or juries, the
written record of those decision was not kept.
The decisions were passed on by word of mouth
from generation to generation. During the reign
of the Emperor Justinian ( A.D 527 565) a
.great body of law was developed and WRITTEN

WRITTEN LAWS

Development of LAW
COMMON
The English system, it is the body of legal
decision made by English courts judges, under
the authority of the king, over a period of many
years. English judges traveled to various
communities in their locality to hold court and try
cases. The made decisions based on local
customs and traditions but they did not write
.those decisions down

UNWRITTEN LAWS

CONTRACT
is

any voluntary legally

binding agreement
between two or more
parties to do or not
.do something

The Elements of Valid contract

AGREEMENT
CONSIDERATION
COMPENT PARTIES
LEGAL PURPOSE

LEGAL PURPOSE

Subject matter of contract must

. not be against the LAW

?HOW THE AGREEMENT REACHED

OFFER
&
ACCEPTANCE

THE OFFER
Making an offer ( a promise) from the
parties.
Must : (the requirements)
1. SERIOUSLY
2. DEFINITE
3. COMMUNICATED

SERIOUSLY

The OFFEROR must clearly and seriously

intend to make an offer to the OFFEREE .

DEFINITE
An OFFER that is indefinite terms such as
1. PRICE,
2. SUBJECT MATTER
3. QUANITITY

&

The court will not enforce contract is not clear

in the wording

COMMUNICATED
The OFFEREE must know that an offer
has been made and must know the terms
of the offer .
If NOT, there can be NO legal acceptance
by the OFFEREE .

HOW an OFFER ends

Laps of time
Rejection
Counteroffer
Death
Illegality
Impossibility

TERMINATION of CONTRACTS
?HOW CONTRACTS END
Discharge by Performance**
Discharge by Agreement of the parties **
..Discharge by Operation of LAW**

CONTRACT -2
TERMINATION of CONTRACTS

DISCHARGE

A Contract is usually discharge by

performance; that is, the PARTIES

have fulfilled the terms of the

agreement as PROMISED

?HOW CONTRACTS END

Discharge by Performance**
Discharge by Agreement of the parties **
Discharge by Operation of LAW**

Discharge by Performance
1- Legal Tender

2- Degrees of Performance

:Legal Tender- 1

Form of money accepted as

lawful payment of debts .

:Degrees of Performance- 2
Full

when both parties do

all what they agreed on to do under
a contract .

Substantial

good faith of but

the minors details of a contract.

Discharge by Agreement of the parties

1- Rescission
2- Novation
3- Accord and satisfaction

Rescission- 1

RESCIND to cancel a CONTRACT

and return parties to the position
that that exited prior to the making
of the contract .

Novation- 2

NOVATION, substitution of new

party for one of the original
parties to a contract .

Accord and satisfaction- 3

ACCORD, agreement to accept performance

different from that original contract.
SATISFACTION, performance of the terms of a
new agreement an accord.
THE NEW AGREEMENT CALLED
SUBSTITUTE CONTRACT

Discharge by Operation of LAW

Impossibility
1- Destruction of the subject matter
2-Death or serious illness

Destruction of the subject matter-1

If the subject matter that is necessary to

the performance of the contract is
destroyed through no fault of either
party.

Death or serious illness- 2

A person services contract ENDED by

decease also, when s/he became
seriously ill or disabled .

Change the law- 3

After the contract agreement, it

was a LAW is passed after legally
constituted contract is made..
That will make the performance
illegal.

BREACH of CONTRACT
When one party fails to perform the
obligations required by a contract .
REMEDY, course of action an injured
party may take to get satisfaction
for breach of contract.

Fraud

Entering into contract and

intentionally making a false
statement about a material fact
or concealing a material fact.

Duress

Forcing one to enter into a

contract by using violence or
. threats of violence

Undue Influence
Power or dominance used to
make persons enter into a
.contract against their will

Mistake
It is ERROR about certain facts made
by only ONE or BOTH to a
.CONTRACT
.UNILATERAL mistake: by only ONE party
.MUTUAL mistake : by BOTH parties

Bankruptcy
A person who is hopelessly in
debt may resort to bankruptcy to
.be relived of many obligations
It will prevents a creditors from suing
to collect the money from the person
who has more debts then money to
.pay them

Statute of limitations

Law fixing a time limit within which

.lawsuits must be started


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