95
contract order
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The main development since classical Roman law has been the movement away from having a law of mainly specific contracts like hire, service or sale and accepting that CONSENT underlies them all. There is a difference between the civil law tradition and the Anglo- American law. The requirements for a contract in Anglo-American law are that there be an OFFER, an ACCEPTANCE, CONSIDERATION and an intention to effect legal obligations. Scots law, because of its civilian origins, does not require the consideration. Contractual consent is generally discovered by objectively, rather than subjectively, investi- gating the parties' positions. The possibility that they have not actu- ally reached agreement on the same thing – consensus ad idem – is treated under the law relating to MISTAKE or error. See also UNFAIR CONTRACT TERMS.
- stock
- stock exchange
- stop notice
- stoppage in transit
- Stormont
- street trading
- strict liability
- striking out
- sua sponte
- subcontract
- subinfeudation
- sub judice
- subordinate legislation
- subornation
- subpoena
- sub rosa
- subscription
- subsequente copula
- subsidiarity
- subsidiary
- succession
- sufficiency
- suicide
- sui generis
- sui juris