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Formation Du Contrat (document en anglais)

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The formation of contract.

What is a contract ? for most people it is a written contract that is signed by the parties in the presence of witnesses.

In practice this is not often the cas, most contracts are not written, for example, if you buy a coffe from a coffe machine it is a contract. It is necessary to keepin mind that some contracts will be made and we will not expect their …

When is a contract fold, what are the obligations , and what happens if one of the parties beackes thecontract.

The law of contract wasmainly developed during the 19 th century, why did it ake place at that time? Because that was the periode of the industrial revolution and with an important developpement of business transactions. Thoses transactions were also more complicated in nature.

What ie the problem? The law of contract we have today refects the fact it started during the industrial revolution, with a philosophy that is different of ours today, the philosophy of “laisser faire”. Everyone was free to conduct their own business. This philosophy was mirrored in the law of contract by two assomptions.

-First assumption, the assumption of freedom of contract.

-Second, the assumption of equal bargaining power.

Means that the two parties were of equal strength. Means that when you negociate a contract you have the ability to negociate the close you want and don’t want in the contract. If you accept a close that is not in your favor, it is your problem.

Nowadays the courts consider that their role is not to sanction a contract generaly specking, their role would be to enforce a contract. That means that when a contract is made between two parties, their role is to perform the contract (to execute the contract, can alsomean to sign a contract). Each party is supposed to do what is in the contracte. Now if one party does not perform, one can go to court and file a claim, and ask the court to enforce the contract, to give legal force to the contract. One will ask the court to compel (same thing as to force but juridic language).

This law of contract has changed through the developpement of consumer law. The two assomptions of freedom of contract, liberty and equality. But with professionals,some time sone are not ina position to negociate contracts, so we do have laws to protect consumers.

What is a contract?

It hase been defined as a legally binding agreement. It means that once the contract is made one must do what is mentioned on the contract.if one doesn’t do it, ther canbe a compel or a sanction by the court. The sanction can be made through damages, in order to compensate for the loss.

A contract is a promise that the law will enforce.

What are the main elements required to make a valid contract.

1st element, an agreement, there must be an agreement. There is an agreement, when one party called the offeror, is going to make an offer to another party called the offeree, agreement wich the offeree accepts. There is an agreement when there is an offer followed by an acceptance.

2nd element, it is a key notion, consideration. The notion of consideration, is fundamental, because no


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