Bibliographie :
-Ewan Mc Kendrick : «contract law »
-A level law : syntèse du droit des contrats

Introduction :

The formation of contract: the most majority of people think that contract is necessarily a signed document by the parties. If all contracts took this form, they would not be undisputed about weather. The parties are bound. The problem is in practice: the fast majority of contracts are not like this. They are intended to without any kind of formality.
Very often, the parties are going…without even no yet.

Many people are not to be going aware that in fact it’s a contract.
The foundations of the present day law of contracts were laid in the 19th century which is quite logical that this period of history, so a very big expansion of trade and industry, and therefore a very important increase in the volume of commercial disputes.

What happened in the 19th century in Britain in very important?
Before, trade was almost national and with the industry revolution, it’s the expansion of international commercial.
Gradually, the judges developed a body of rules which reflected both the commercial background of the disputes from which they rose and the prevailing beliefs of the town. It’s liberalism.
At the time, the most important principle was that a freedom of contract.
A contract was the parties business and the parties were free to enter into contract or not and therefore it was not the role of judges to meddle with the parties business.
In Britain, the judges considerer that its not his role to interfere.

Nature of the contract: Contract has been defined as a legally binding agreement. Some agreement are going to be biding…and some others no. Contracts may be divided into two broad classes:
-specialty contracts: a form of contracts also know as deeds.
-simple contracts: can be either formal or informal and they can be made in anyway ( in writing, orally or in some cases implied by conduct).

The main elements of a valid contract: