Contract Law Basics- England/Wales

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    Contract Law Basics- England/Wales

    For a contract to be valid under the law of England/Wales, there must be:
    a. an offer (whether to sell or to buy) from offeror; and
    b. an acceptance by offeree of that offer; and
    c. an intention to create contractual relationship.

    This intention is shown by:
    i. consideration (= money or something else of value passing in exchange for the subject matter); or
    ii. part-performance (usually unreliable as a basis for contract); or
    iii. embodying contract terms in form of a Deed. This third formality is treated as evidence that parties definitely intended to create legal relationship.

    For instance:
    a. a promise to make a gift cannot be enforced unless the promise is embodied in a Deed which reflects its terms; and
    b. a guarantor giving a covenant gratuitously is bound only if the covenant is in a Deed (not just a written Tenancy Agreement).

    A contract can be oral or in writing EXCEPT that a contract re land has to be in writing (although lettings not exceeding three years in length can be oral).
    Last edited by jeffrey; 16-04-2007, 11:27 AM. Reason: "Guarantee" wording expanded.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    #2
    Originally posted by jeffrey View Post
    For a contract to be valid under the law of England/Wales, there must be:
    a. an offer (whether to sell or to buy) from offeror; and
    b. an acceptance by offeree of that offer; and
    c. an intention to create contractual relationship.

    This intention is shown by:
    i. consideration (= money or something else of value passing in exchange for the subject matter); or
    ii. part-performance (usually unreliable as a basis for contract); or
    iii. embodying contract terms in form of a Deed. This third formality is treated as evidence that parties definitely intended to create legal relationship.

    For instance:
    a. a promise to make a gift cannot be enforced unless the promise is embodied in a Deed which reflects its terms; and
    b. a guarantor giving a covenant gratuitously is bound only if the covenant is in a Deed (not just a written Tenancy Agreement).

    A contract can be oral or in writing EXCEPT that a contract re land has to be in writing (although lettings not exceeding three years in length can be oral).
    This is a slightly revised version of the original post.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Jeffrey, you can still purchase land orally( common law contract), however you cannot ask the courts to assist you, in any resulting dispute.

      Comment


        #4
        Originally posted by bill65 View Post
        Jeffrey, you can still purchase land orally( common law contract), however you cannot ask the courts to assist you, in any resulting dispute.
        Your oral contract is nevertheless not legaly binding.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          hello,

          can i ask:

          if i paid a cheque to somebody for an oral contract to buy land, as the contract would be unenforcable, he wouldn't have to give me the land, but would he have to give me the money back?

          cheers

          Comment


            #6
            Yes. Failure of transaction entitles you to return of payment, on "quasi-contract" (also called "money had and received").
            For the rules on land contracts, see s.2 of the Law of Property (Miscellaneous Provisions) Act 1989. It replaced s.40 of the Law of Property Act 1925.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment

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