ABSTRACT

This chapter looks at identifying the parties, assessing if the current parties are the same as the original ones, and ends with a summary of a new law that is changing one of the fundamental foundations of English contract law. The law has been made significantly simpler that now, when contracting with a company, the party is entitled to assume that the person agreeing the contract on the company's behalf has the power to agree such a contract on behalf of the company. The company has the power to do that which it is being contracted to do. 'Assignment' is a term used to mean the transfer of rights under a contract – so, (generally) without needing the party's agreement, in the absence of a prohibition in the contract assigning the party's rights under the contract to the party's wife. The chapter also looks at a situation, where an intermediary of some description or other is involved.