Contract Law Research Paper Topics Text

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We have listed for you below 10 dissertation topics and ideas on contract and comparative law. This dissertation topic will explore consideration from stilk v myrick 1809 2 camp 317 to williams v roffrey bros amp nicholls contractors ltd 1991 1 qb 1. The purpose of this exploration is to determine the effectiveness of consideration, drawing upon the civil law system of pacta sunta servanda and the principles of european contract law pecl. It will then consider the concept of intention in english law tracing the development from balfour v balfour 1919 2 kb 571 to determine if a more sufficient concept of intention will be more appropriate for 21st century contract law. Agency in english contract law is a significantly complex subject, which makes it difficult to reconcile with the commercial agents council directive regulations 1993. This is due to the regulations being based upon the civil law regimes of germany and france.

One of the main obstacles is how the contractual exception works, because a contract of agency can be implied through the parties' relationship the ocean frost 1986 ac 717. Thus, this raises the question if the concept of apparent authority, as identified in bedford insurance co ltd v instituto de resseguros de brasil 1984 3 all er 766, has a place in contract law. This is especially as such implied agency contracts are alien with the civil law system.

This dissertation topic will explore the sufficiency of the contracts rights of third parties act 19. There has been the limitation of the privity rule developed by the tweddle v atkinson 1861 1 b amp s 393 through this act. 1 3 of the act identify an expressly named third party or third party group will be able to enforce a contract however is this enough? the main issue is the consumer rarely engages in specially negotiated contracts, which illustrates the insufficiency of the act. However, the cases of nisshan shipping co ltd v cleaves amp co ltd 2003 ewhc 2602 and lanenthong lines co ltdv artis 2005 ewca civ 519 have imputed third parties right to sue through a wide interpretation of intention. Thus, should this wide approach become the norm? this dissertation topic will explore the distinction between the court's application on commercial and personal contracts especially in the case of familial relationships.

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Thus, it will identify that ldquo fairness rdquo has a greater impact on husband and wife contracts, which can be seen in barclays bank plc v o'brien 1994 1 ac 180 and yorkshire bank v tinsley 2004 ewca civ 816. However, the role of fairness is significantly limited in commercial transactions, which can be seen in the case of lobb alec garages ltd v total oil gb 1985 1 wlr 173. Thus, this examination will explore whether the nature of the relationship is sufficient to allow a flexible concept of fairness to be applied, or should there be consistency? this dissertation topic will explore the evolution of judicial intervention in respect to the validity of exclusion clauses, stemming from parker v south eastern railway 1877 2 cpd 416 to the introduction of the unfair contract terms act 1977. The act brought forth the concept of reasonableness, which meant that exclusion clauses can be struck out if deemed unreasonable.

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But, there are still limitations as identified in the cases of interfoto picture library ltd v stiletto visual programmes ltd 1989 qb 433. Rock unique limited 2011 ewca civ 18 indicates a broader application, which raises the question whether there should be a new direction taken with respect to unconscionable exclusion clauses. The role of innominate terms is an important development in english contract law, because it identifies a flexible approach to determining contractual intention whilst forcing flexibility to allow pre contractual negotiations to be considered. Thus, the role of the innominate term can impute prior knowledge into the contract ashington piggeries v christopher hill ltd 1972 ac 441. On this basis, the topic of innominate terms can create an interesting and insightful discussion of contract law's flexibility whereby the role of the innominate term can create a new set of protections for the contractual parties. This dissertation topic explores the remedial approaches of the english jurisdiction compared with the us, europe and the cisg vienna convention on the international sale of goods 1980.

In many jurisdictions the claimant has the right to choose the preferred remedy for breach of contract whereas english law is centred on hadley v baxendale 1854 9 exch 341 damages. Thus, this raises questions on the effectiveness of the english model, especially as contracts are becoming more complex. Therefore, a comparative discussion of contractual remedies provides a topic that is both current and engages the reader. This dissertation topic explores the conservatism of english law with regards to specific performance, which only applies this remedy in exceptional circumstances wilson v northampton and banbury junction railway co 1874 9 ch app 279.

The consequence of this is that the contracting parties are limited to damages when considered adequate phillips v lamdin 1949 2 kb 33. However, there are cases that indicate a relaxation in the application of specific performance, which can be seen in the case of laemthong lines co ltd v artis the laemthong glory no 2 2005 ewca 519. The widening of specific performance may be motivated by the internationalisation of contract law therefore the english relaxation of specific performance will be compared with pro specific performance jurisdictions such as the usa. This dissertation topic explores the refusal of english law to accept the concept of good faith, which seems out of sync with international trends. The good faith principles is inherent in civil law contract systems, due to the concept of pacta sunt servanda, but there are also trends across common law countries i.e. Thus, a comparative examination of the civil and common law approaches to good faith will be explored, in order to identify whether english law should import the concept into its jurisprudence. This is especially important as the case of petromec inc v petroleo brasiliero sa petrobas no 3 2005 ewwa civ 891 allowed the concept of good faith to be applicable through the backdoor approach of ldquo upgrading rdquo terms.

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This dissertation topic will explore the french concept of force majeure to determine how it is implemented in english contract law. The case of davis contractors v fareham udc 1956 2 all er 145 identifies that force majeure events only applies if there is a contractual clause providing for such events. This is significantly different from the french application that allows such events to suspend or nullify the contract.

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Thus, it is important to explore the differentiation between the french civil law and english common law approaches to force majeure to determine their effectiveness and the extent the english model erodes the french model. These systems will be compared to the canadian common law model that bridges the two systems, as identified in the case of atlantic paper stock ltd v st anne nackawic pulp and paper co, 1976 1 scr 580. Thus, a comparative review of the french, english and canadian law approaches to force majeure will be undertaken to identify the most effective approach. Law essay writing service law dissertation writing service view all law services legal issues related to sports revolve around a number of areas of law, ranging from contracts to torts to intellectual property and others, so secondary sources are often the best place to begin when researching a sports law question. These secondary sources will point researchers to relevant statutory and case law.

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