Fernando A. Pena Jr.

Marketing and

Digital Executive

Fernando A. Pena Jr.

Marketing and

Digital Executive

Blog Post

As Stated in the Contract

January 28, 2022 Uncategorized

Contract law is the product of a business civilization. It will not be found significantly in non-commercial companies. Most primitive societies have other means of enforcing the obligations of the individual; for example, by kinship or by the authority of religion. In a barter-based economy, most transactions apply on their own because the transaction is made on both sides at the same time. Problems can arise if it turns out that the exchanged goods are then defective, but these issues are dealt with by property law – with its penalties for the repossession or deterioration of someone else`s property – and not by contract law. A true law of treaties – that is, of enforceable promises – implies the development of a market economy. If the value of an obligation does not vary over time, the notions of ownership and infringement are reasonable and there will be no performance of an agreement if neither party has performance because no harm has been done with respect to the property. In a market economy, on the other hand, a person may seek an obligation today to protect himself from a change in value tomorrow; the person receiving such an undertaking feels aggrieved by the failure to comply with this obligation to the extent that the market value differs from the agreed price. In the 12th and 13th centuries, the development of contract law on the continent and in England began to diverge. In England, the Common Law of Contracts has developed pragmatically through the courts. On the continent, the process was very different, with speculative and systematic thinkers playing a much more important role.

Roman contract law, as found in the law books of the Byzantine emperor Justinian of the 6th century CE, reflected a long economic, social and legal development. It recognized different types of contracts and agreements, some of which were enforceable, others not. Much of the history of law revolves around the classifications and distinctions of Roman law. It was only in the final phase of development that Roman law generally imposed informal performance contracts, i.e. agreements to be concluded after they had been concluded. This stage of development was lost with the disintegration of the Westimperium. As Western Europe declined from an urbanized commercial society to a localized agrarian society, Roman courts and administrators were replaced by relatively weak and imperfect institutions. The new contract law began to develop throughout Europe thanks to the practices of traders; these were initially outside the legal system and could not be maintained in court. Traders have developed informal and flexible practices adapted to the active life of business. Until the 13th century, merchant courts were established at international trade fairs. The commercial courts ensured expeditious procedure and justice and were administered by men who were themselves merchants and were therefore fully aware of trade and customs problems.

The revival and development of contract law is part of the economic, political and intellectual renaissance of Western Europe. It was accompanied everywhere by a commercial revival and the rise of national authority. Both in England and on the continent, the usual regulations have proven to be inadequate for emerging commercial and industrial companies. The informal agreement, which was so necessary for trade and commerce in market economies, was not legally enforceable. The economic life of England and the continent, even after the beginning of the development of a commercial economy, was part of the legal framework of the formal contract and the half-executed transaction (i.e. a transaction that was already fully executed on one side). Neither in continental Europe nor in England was it easy to develop contract law. In the end, both jurisdictions managed to produce what was needed: a contractual doctrine that could make ordinary trade agreements involving a future exchange of securities enforceable. To enter into, in the simplest definition, a legally enforceable promise.

The promise can be to do something or refrain from doing something. Entering into a contract requires the mutual consent of two or more persons, one of whom usually makes an offer and accepts another. If one of the parties does not keep its promise, the other party is entitled to legal remedies. Contract law takes into account issues such as the existence of a contract, its service, the breach of a contract and the compensation to which the injured party is entitled. . Upon delivery: Sixty-five percent (65%) of the contract price is payable to the supplier within sixty (60) days of receipt of the goods and upon presentation of documents (i) to (vi) specified in SCC`s delivery and documents provision. Even if transactions do not take the form of barter, non-commercial companies continue to operate with notions of ownership rather than promises. In early forms of credit transactions, kinship relationships guaranteed debt, for example when a tribe or community gave hostages until debts were paid. Other forms of security have taken the form of pledges of land or pledging an individual into “debt slavery”. Some loan agreements were essentially self-reinforcing: livestock, for example, could be entrusted to guardians who received a fixed percentage of offspring for their services. In other cases – building a hut, clearing a field or building a boat – enforcing the promise of payment was more difficult, but was still based on ownership concepts.

In other words, the claim for payment was not based on the existence of a windfall or promise, but on the unfair withholding of someone else`s money or property. When workers were trying to get their wages, the tendency was to argue in terms of their right to the product of their labor. Upon acceptance: The remaining twenty percent (20%) of the contract price must be paid to the supplier for the respective delivery within sixty (60) days of the date of presentation of the certificate of acceptance and inspection issued by the authorized representative of the contracting body. Upon signing the contract: Fifteen percent (15%) of the contract price must be paid within sixty (60) days of signing the contract and after the filing of a claim and a bank guarantee up to the amount valid until delivery of the goods and in the form provided for in section VIII. . . .