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Ubp - Ingles Juridico - 2do Parcial
Ubp - Ingles Juridico - 2do Parcial
CONTRACTS
a) in writing
c) by inference from the conduct of the parties and the circumstances of the
case or
4- The test of agreement: Adequate tests are necessary to enable the court
to decide cases involving dispute:
b) as to the extent of the agreement, i.e. the terms of the agreement.
In both issues the intention of the parties is paramount. The function of contract
law is, largely, to develop principles which may be used towards the settlement
of such disputes . lt is very important to understand that the question of terms
of contracts does not arise unless and until it is established that agreement has
been reached.
5- Intention and agreement: The intention of the parties is gathered from the
express terms of contract. Also, where necessary, the conduct of the parties is
taken into account, for much can be infered from conduct. The court is not
concerned with inward mental intent of the parties, but rather, with what a
reasonable man would say was the intention of the parties, having regard to all
the circumstances. Where it is necessary to give a contract business efficacy,
the court will imply terms to give effect to the presumed intentions of the
parties. The presumed intention may or may not be the same as the actual
intention. lt must follow that when we speak of "agreement" in contract, we
include the notional agreement which the parties may be deemed to have
reached.
lt has been held by the House of Lords that in construing the written terms of a
contract, evidence of the preceding negotiations is not admissible, nor is
evidence of the parties' intentions during negotiations: Prenn v. Simmonds
(1971).
6- Offer and acceptance. In order to discover whether agreement was reached
between the parties, it is usual to analyse the negotiations into offer and
acceptance. Many negotiations are too complicated to lend themselves to
an easy analysis of this kind , but the courts will try to discover whether , at
any time , one party can be said to have accepted the firm offer of the other.
Sometimes analysis will show a unilateral contract, i.e. that the offeror has
included in his offer an express provision that, performance by the offeree in a
manner stipulated in the offer, will conclude a binding contract. A common
example would be the offer to pay a reward to the finder of a lost valuable.
7- Rlghts and obllgations. Where the parties have made a binding contract,
they have created rights and obligations between themselves. The contractual
rights and obligations are correlative e.g. X agrees with Y to sell his car for $
500 to Y. In this example, the following rights and obligations have been
created:
a) X is under an obligation to deliver his car to Y. Y has a correlative right to
receive the car.
b) Y is under an obligation to pay $ 500 to : X has a correlative right to
receive the $ 500.
8- Breach of contract Where the party neglects or refuses to honour a
contractual obligation, there is a breach of contract. A breach by one party
causes a right of action to accrue to the other party. The usual remedy for
breach of contract is damages, i.e. the award of a sum of money to put the
aggrieved party in the position he would have enjoyed had the contract not
been broken. The sum is paid, of course, by the contract breaker following the
award of the court. In certain special circumstances, the court may order the
contract - breaker to carry out his contractual promise specifically. This is known
as the equitable remedy of specific performance. Specific performance is never
awarded where damages will suffice.
9 - Specialty Contracts. The terms of some contracts are embodied in a
document which is then signed, sealed and delivered by the parties. This is the
most solemn formality of contract- making known to English law. The most
important practical difference between simple contracts and specialty contracts
is that the period of limitation is six years and twelve respectively. The period of
limitation is the period of time in which that action for breach of contract may be
brought. The Limitation Act 1980 provides that an action upon a specialty
contract cannot be brought after the experiation of twelve years from the date
on which the cause of action accrued, i.e. the date of the breach of contract
( see . 17:32). A promise given under seal is binding even if was given in return
for consideration from the promise (sea 4:1). Source: Major, W. T. The Law of
Contracts, London, 1992.
B) Actividades
The law recognizes rights and obligations arising from the agreement.
f) Todo estudio general de la ley de contratos debe estar relacionado casi por
completo con los contratos simples.
VERDADERO.
VERDADERO
FALSO. La diferencia práctica más importante entre los contratos simples y los
contratos de especialidad es que el plazo de prescripción es de seis y doce
años respectivamente.
Son necesarias pruebas adecuadas que permitan a la Corte decidir los
casos que presentan conflicto.
VERDADERO