Titlebook: Contract Law; Ewan McKendrick Textbook 1997Latest edition Ewan McKendrick 1997 bargaining.Clearing.consumer.contract law.foundation.inequa

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Illegalityer such a contract. It may seem perfectly sensible and just for the courts to refuse their assistance to a party to a transaction which is illegal or contrary to public policy. But the picture is more complex than would at first sight appear.

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Offer and Acceptancefer which is matched by an equally clear and unequivocal acceptance. In this chapter we shall give more detailed consideration to the constituent elements of an offer and an acceptance. However, three points should be noted at the outset of our discussion.

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The Classification of Contractual Termsr, the make of the car, its roadworthiness and the price would be much more important to me than its colour. This fact has long been reflected in contract law in the distinction which has traditionally been drawn between a condition and a warranty.

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Capacitycity. In the case of minors and the mentally incapacitated, contract law seeks to protect such persons from the consequences of their own inexperience or inability. The limitations placed upon the contractual capacity of companies raise rather different issues, to which we shall return at 16.4.

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https://doi.org/10.1007/978-1-349-14657-4bargaining; Clearing; consumer; contract law; foundation; inequality; regulation

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https://doi.org/10.1007/978-3-540-24828-6Two of these questions will be dealt with in this chapter. The first is: who decides whether or not the parties have indeed reached agreement? Is it the parties or is it the courts? The second question is: how is it decided that the parties have actually reached agreement?

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