ABSTRACT

This chapter provides an overview of the law of contract: to show both how it relates to other areas of the law, and describes the general principles on which the English law of contract operates. With the exception of contracts under seal, English contract law demands that there must be consideration for the promise to be enforceable. To determine whether there is a contract, the court or arbitral tribunal will look for three essential elements: first, the intention of the parties to create legal relations; second, whether there was in fact agreement between the parties; and third, whether there was consideration for the agreement passing both ways. A court will be likely to find acceptance by conduct if a party, who has received an offer, starts to behave as if a contract is in place, for instance, if a building contractor turns up on site and commences work.