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Essay / General Rules of Contract Law - 1702
1.0 IntroductionIn this essay we will discuss what constitutes consideration and how to recognize the element that influences the decision of the court when the issue is related to exercise of its existing functions. .We will also discuss the general rules regarding the formation of a contract and the different solutions in the event of breach of contract with examples of certain cases. This topic requires an analysis of how consideration can play the main role. play when it comes to an enforceable contract. To understand this, you first need to know what the definition of consideration is in contract law. 2.0 Origins of Consideration As Edward Jenks says, the doctrine of consideration was practiced in 1890. But he traces its evolution back to its origin in the 12th century. . He debates that the doctrine of consideration was not known to Roman jurists. It became part of English law purely by coincidence, as the fortuitous result of a unique mode of proof; and it was only when it was sufficiently known that men raised its value as a doctrine of material law. But John Wilson Twyford claims that since 1809, the common law has made it clear that a promise made by a party to perform an act that he or she is legally expected to do is not a good consideration. We can therefore conclude from this assertion that a promise received in exchange is not obligatory. This is how the promise would have the consideration of constructing a new contract. This rule has been a subject that has been criticized from time to time, but nevertheless worked fully until 1991. This rule was in vogue at that time and it was unknown due to...... middle of paper . ..... if they do not comply with this order, they will have to pay damages. 5.0 Conclusion The most important element of a contract law is the consideration part. If consideration is absent from a contract, the enforceability of the contract will not be valid in the eyes of the law. The doctrine of consideration is certainly not a Western idea but it was developed through a common effort and by the concept found in common law countries. The need for doctrinal consideration is now going to be a part of civil countries and they must also adopt the rule that is circulating across the world, known as the doctrine of consideration. The obligations have been changed and the legal system has now moved to another technological level. The importance of the doctrine of consideration in contract speaks volumes: an agreement alone cannot constitute a contract..