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 »