Where Exeter's Legal Minds Express Themselves
Introduction With the absence of either cause or consideration an agreement will be denied legal effect, even if the parties had intended for it to be legally binding.[1] Within this essay, La cause, a doctrine in the French civil law system will be compared ... More »
Introduction Before the rule as espoused in Makdessi[1], a penalty clause was classically defined as a secondary obligation that arises (upon breach of a primary obligation) on the part of the party in breach to pay to the other party a sum of money which does... More »
Beth Payne The founding theory of contract law is the need for performance – “contracts are made to be performed”.[1]When a contract is agreed upon, the agreeing parties are expected to perform what they have agreed to.[2]Historically, and regardless of the ju... More »