The Rules of Contract Termination in England

From a Perspective of History


2020-07-16 08:01

Wu Chunmeng
Journal of Huizhou University

Abstract: The rules of contract termination in England are quite unique and important. The research of the formation and development of those rules is of great importance in theory and practice. I will do the research from a perspective of history and use the method of case study. In late 18th century,Lord Mansfield gave birth to the rules on termination by two famous decisions. The judges of the 19th century developed the classification of condition term and warranty. To reach a balance of the interest of certainty and fairness,the courts of England created innominate term. The history of the rules on contract termination in England shows us the activism of the courts of England to reform the law according to the needs of the changing society.

Key words:termination of contract;condition term;warranty term;intermediate term

The Chinese version appeared in Journal of Huizhou University, 2020(08).



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