"Withdraw contract … suppose that no one can count upon the fulfilment of any engagement … and the members of the human community are atoms that cannot effectively combine; the complex co-operation and division of employments that are the essential characteristics of modern industry cannot be introduced among such beings. Suppose contracts freely made and effectively sanctioned, and the most elaborate social organization becomes possible.” H. Sidgwick, The Elements of Politics, 1879.
Contract law can be like quantum physics for the sub-Mensa amongst us: the more you analyze it, the less you understand it. However, that why we're here! In this installment, we look at the all-important elements of privity, consent and the what the law calls the "reasonable man", as if such a beast exists.
Consideration has a unique meaning in law; different from the oridinary English meaning. In actual fact, it's a real pain in the neck in law, has little significance in the modern world and ought to have been abolished as a necessary ingredient to a valid contract years ago. Nobody can justify it much less explain it exactly ... until we came along, anyway. Because it looms always as a way to avoid contractual obligations, it remains a very real component of the common law of contract.
And it came to pass in those days, that there went out an Offerree with something to sell or exchange and thus was great with Offer and she met an Offeror and they went together onto the City of Acceptance and there she brought forth her newborn contract and wrapped him in swaddling clothes of judicial enforcement.
Misteaks in kontracts rarly happen, espcially when smart, well-edukated lawyors are involved. But sometimes, not-very-smart non-lawyors do stuff in konttracts and then we smart lawyors have to come after them and try to fix their misteak. This is what this is about, down below there.
Restraint of Trade, Assignment, Novation & Frustration. What? Don't you know what these words mean in contract law? Of course not! That's why we're here!
"Contra proferentem audi alteram partem de minimis non curat lex by or before 12 o'clock, Friday, October 32nd, 2018 notwithstanding the above." Huh? Go figure! Sometimes, contracts are written in a confusing way, subject to two or more different interpretations. Here is the law's magic brew to resolve these problems.
Contracts gone wild! Take the uncensored tour! Check out all the smokin' online action when offeree and offeror don't get along and all (censored - four letter word ... the opposite of Heaven) breaks loose! Aka Time Limits, Breach & Remedies.