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contract



A contract is an agreement or exchange of promises to do, or not do, act(s) which are enforceable in a legal court. It is binding since the law provides remedies for any breach. For those who borrow money through credit cards or bank loans the obligations are rarely brought to attention by the lender; a matter of concern.

Agreement comes from acceptance of the terms, usually negotiated [though not generally open to it for ordinary debtors]. Contract law essentially requires the parties to keep their words or promises and the contract itself is a reflection of that.

While spoken or oral agreements can also be binding there is no solid evidence of the detail to present to a court. Many daily activities are exactly oral contracts in this sense, and any purchase, however trivial, is exactly that. Usually there is a body of law that controls how sales are made, and that gives some suport ot many such oral contracts.

These are the system in common law countries, which tend to be those where English is the first language [a consequence of the British Empire]. Where the derivation is from Roman Law, as in Europe, under Islam, in socialist places and where local laws prevail different rules are likely to apply.

Common Law tends to be pre-eminent in international business, mainly for historical reasons - and perhaps furthered by the form of capitalism adopted throughout the world. Common law enables free choice of contract terms, which does not apply to other forms. The French Civil Code is more prescriptive, as is Islamic Sharia Law.

Common Law is often the choice of international business, since the depth of expertise among lawyers and judges is seen to be far greater. A 'choice of law' clause in a contract often names England, Wales or New York State.



Joseph Harris - Debt Control Man, Author of Control Your Debt Crisis on Your Own Terms

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