The English Contract Law: Terms and Classification

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Table of Contents

Introduction
Terms of a contract in English Nations
Conclusion
References

Introduction

You are hired is a television program that was introduced by Simon. The show provides room for different participants to compete then the winner gets a prize and become the manager of the show. The television did one show in the United Kingdom and got it a success. Simon the owner would like to improve his venture to become an international television program to get more competitors across the globe other than the United Kingdom only. This is a brilliant idea, but it involves rules and regulations from all the countries (Gardner, 2002). In fact, he wants to get the international celebrities to carry out judges duties.

For instance, he has identified some of them like Lucy Lui, Shilpa Shetty and singer like Beyonce and Shakira to be among the judges. The nationalities of the celebrities who have shown interest in his work come from different nations that operate on different rules and regulations (Atiyah, 1999). It is important for Simon as the founder of the program to include laws that he is familiar with so that the workers do not make irrelevant mistakes that can lead to termination of their contract. This paper provide an extensive view of the English Law that will see the judges work within the Law, and if there is any breach of law by any party in the contract, then the law can take its course.

Terms of a contract in English Nations

A contract in an English nation is an accord that gives rise to responsibilities recognized or enforced by the Law. A factor that differentiates a contract from other legal requirements is that they come from agreements of the parties that enter into the contract. A contract has different terms according to the English Law society.

Express Terms

Mister Simon has to understand that obligations and rights of the parties contracting groups should first ascertain stipulations of their contract. In most cases where the terms are not available, one should understand whether it is a contract or just a representation (Hill, 2005). To determine a legal contract, the courts look for the following into the contract; the transaction stage, which the transaction took, place, the importance that the representee connected to the declaration together with the skills or knowledge of both parties. In reality, it is important that before Mister Simon and his expected employees enter into a contract they should discuss important issues like terms of payment, the nature of the work they are expected to do and the duration both daily and the length of the contract (Kessler, 2003). It is also important that Mister Simon enlighten all the judges to be aware of the contract requirements to avoid any confusion in case of infringement.

According to the laws of England, once the terms and conditions of the contract are set, the court may apply objective tests to interpret the meaning of the terms and conditions. The essence in this is to interpret what an ordinary person may understand the terms that influence other parties. Just in a nonprofessional language, what the terms mean generally. To this effect the English judicial system requires that any person who may enter into a contract, the terms should contain facts and not stories (Steyn, 1997). This will help the two parties to solve any problem that arise or for interpretation purposes of the court. A legal contract must entail information that all parties can understand in the same case as Mister Simon and his expected judges.

Most of the current contracts are in written form. Therefore, a written or an oral statement forms a base of the actual contract. All the written and oral contract materials in law depend on the relevance of the parol proof of the rule. Some of points to consider in ruling out of the contract information are contained in s94 although it gives some arguments. Some of the arguments base on the fact that s94 may not exhaust all the exceptions in the rule. Mister Simon must understand that the rules in s 94 and s 93 apply in some occasions.

Implied Terms

Implied terms are those terms that the court adds to the agreed terms. If the court realizes that it is not important for it to introduce some rules in a contract, it may decide to leave it the way it is. The terms, which the judiciary adds to the already agreed terms, must not oppose any of them. Therefore, in this case, Mister Simon has to ensure that the terms of service he sets should be clear and easy to follow through.

The judiciary can fill blanks that may have been left out by the contracting parties stipulates some implied terms (Llewellyn, 2001). Mostly the gaps are left out so that one party can benefit more than the other party can. Therefore, a perfect contract should consider the benefits of both parties without prejudice. For Simon to be on the safer side, he must ensure that the contract he signs with the judges must contain all the required information to avoid any additional terms by the courts. Although the courts do not re-write the whole contract, it should clearly spell out the role of each party. That is a legally acceptable contract. Some implied terms are required by the public policy or statutory.

Classification of terms

Contract terms can be put in different categories. For example, those that relate to conditions of the duties, intermediates or warranties in other words innominate terms (Smith, 2004). With regard to classification of terms, it is important that the parties that are the judges and Mister Simon should explain in their terms on how they want their terms. On the other side, without stipulating on how to classify terms, the court has its own means to crosscheck through the wording of the contract and get their meaning. In some occasions, the statute may give direction on how to classify specific terms. A good contract should classify terms and conditions, as the statute requires.

Discharging a Contract

Discharging a contract is where a contract comes to a halt due to unfulfilled performance by one of the parties. It can be the judges as in this case or the owner of the program, Simon. Discharging a contract can take place in different ways as discussed below.

Performance Discharge

A contract normally specifies the period for which it will exist. If the time limit elapses, the contract can end or can be renewed. In some occasions, contracts never reach at the required destination. This is because of one of the party failing to perform up to the required standards agreed up on, then the contract may terminate. Causes of terminating a contract are ignorance, negligence, or de minimis, payments and delivery.

Defective performance

Simon may find that some of the judges do not perform to the required standard defectively through a non-trivial style. The contract may also terminate and in this case, the law in the English nations provides varied responses together with remedies, but depending on the kind of failure in performance.

Discharge through Agreement

In the first place, all the involved parties talk to agree to join as parties with specified interests through a contract. During this period of discharging, the parties should talk and agree on the process (Stevens, 2004). This type of agreement may have resulted from forming another contract of termination. This can take place through providing a notice to the concerned party. On the other hand, the parties to a contract may decide to enter into a new contract of release (Simpson, 2007). The company that request for the termination of the contract may be required to provide some form of payment in exchange of the release agreement. That is when the party requested to terminate the contract and does not owe any extra form of debts or balances to its partner. On another account, can be an obligation that is not at its perfection, which may be conditional due to earlier events or contractually precise counter-performance by the opposite party toward the contract (Atiyah, 1999).

Lastly, the teams may contractually issue a non-performance from certain past events to avoid breach. This is called Force ‘Majeure.’ The other form of discharge is discharge due to frustration. Several effects accrue from breach of a contract. They include contract damages and can lead to discharge.

Judicial Remedies for contract Breaching

The judiciary allows the parties to contact the contract information to identify the breach of contract. After identification, the aggrieved group gets the opportunity to terminate the contract (Mitchell & Mitchell, 2008). This is in the view as a self-help remedy (Gardner, 1992). This is because the solution does not involve the judicial system in solving the matter.

In the case, that the aggrieved group has financial losses resulting from the breach or where releasing of the party in breach can cause serious financial losses then the party in breach can get another punishment from the judiciary.

Conclusion

The English judicial system provides regulations that parties, forming a contract, can greatly benefit by getting information on how to form contracts. Therefore, for Mister Simon it is possible for him to work internationally with the provisions in the constitution from the English states. In case of breach of the contract, the contract can easily terminate or it can be on probation for some time to allow possible changes in the respective party.

References

Atiyah, P. (1999). The Rise and Fall of Freedom of Contract (Clarendon). Journal of Contract Law 22 (1), 150.

Gardner, S. (2002). Trashing with Trollope: A Deconstruction of the Postal Rules in Contract. Journal of Legal Studies, 23(1), 170.

Hill, S, (2005). Flogging a Dead Horse – The Postal Acceptance Rule and Email. Journal of Contract Law 22 (1), 151.

Kessler, F. (2003). Contracts of Adhesion—Some Thoughts About Freedom of Contract Columbia. Law Review, 43(5), 629.

Llewellyn, K. (2001). What Price Contract? An Essay in Perspective, Yale Law Journal 40(3), 741.

Mitchell, C. & Mitchell, P. (2008). Landmark Cases in the Law of Contract. Yale Law Journal 40(3), 740.

Simpson, A. (2007). A History of the Common Law of Contract: the Rise of the Action of Assumpsit. Journal of Contract Law 22 (1), 151.

Smith, S. (2004). Contract Theory (Clarendon). London: Long Horn Publishers.

Stevens, R. (2004). The Contracts (Rights of Third Parties) Act 1999, 120. Law Quarterly Review, 292.

Steyn J. (1997). Contract Law: Fulfilling the Reasonable Expectations of Honest Men, 113. Law Quarterly Review, 433.

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