Prawo umów
Zawieranie, warunki, naruszenie i środki prawne w umowach.
Wprowadzenie
Prawo umów reguluje prawnie wiążące porozumienia między stronami w Anglii i Walii.
In Brief
A binding contract requires offer, acceptance, and consideration — something of value exchanged by each party. If the other side has breached the contract, you generally have six years to bring a claim (twelve years if the contract was made by deed). Act quickly to preserve evidence and document your losses.
Podstawowe zasady
Offer and Acceptance — A contract requires a clear offer by one party and unqualified acceptance by another (Hyde v Wrench [1840]).
Consideration — Each party must provide something of value; past consideration is not good consideration (Re McArdle [1951]).
Intention to Create Legal Relations — Commercial agreements are presumed binding; social/domestic agreements are not (Balfour v Balfour [1919]).
Capacity — Parties must have legal capacity (age, mental capacity) to enter contracts.
Privity of Contract — Only parties to a contract can enforce it, subject to the Contracts (Rights of Third Parties) Act 1999.
Terms and Representations — Distinction between conditions, warranties, and innominate terms (Hong Kong Fir Shipping [1962]).
Vitiating Factors — Misrepresentation, duress, undue influence, and illegality can render contracts voidable or void.
Remedies for Breach — Damages (compensatory, expectation, reliance), specific performance, injunctions, and rescission.
Kluczowe ustawy
Wiodące orzeczenia
Typowe scenariusze
Buying goods online that arrive faulty
Under the Consumer Rights Act 2015, goods must be of satisfactory quality, fit for purpose, and as described. You have a short-term right to reject within 30 days.
Verbal agreement for building work
Oral contracts are generally enforceable but harder to prove. Key terms (price, scope, timeline) should ideally be in writing. The Supply of Goods and Services Act 1982 implies terms of reasonable care and skill.
Employer changes your contract terms
Employment contracts cannot be unilaterally varied. Changes require agreement, and imposed changes may constitute breach, potentially amounting to constructive dismissal.
Related Careers
Frequently Asked Questions
What makes a contract legally binding in England?
A valid contract requires offer, acceptance, consideration, intention to create legal relations, and capacity. Written form is not generally required, though some contracts (like land transfers) must be in writing.
Can I cancel a contract after signing it?
Generally no — once a contract is formed, both parties are bound. However, consumer contracts for distance sales have a 14-day cooling-off period under the Consumer Contracts Regulations 2013.
What remedies are available for breach of contract?
The primary remedy is damages (monetary compensation). In some cases, specific performance or injunctions may be ordered. The innocent party may also have the right to terminate the contract.
Important Deadlines
Typical Costs
Official Resources
What To Do Next
Step-by-Step Guides
Know Your Rights
Common Scenarios
Get Professional Help