Contract LawOverview:Contract law forms the basis of nearly all commercial interactions in modern society. Although many people do not realize it they enter into several contracts each day. Contracts include the obvious examples, such as leases rental agreements, employment contracts, and real estate sales, but also include the purchase of a soda from the neighborhood convenience store. It would be very difficult to imagine a modern society that was not dominated by contracts in the way that much of the world is currently.Contract Law, is the rules and customs created or enforced by governments relating to the formation, interpretation, and enforcement of contracts.OrA contract is an agreement that is enforced on the relevant parties by the law. In civil law, contracts are considered as the general law of obligations. In a contract, there must be mutual agreement in terms of offer and acceptance. Certain formalities are required to finalize a contract. The concerned parties must be legally capable of entering into a contract. If the agreement is not achieved through fair means and has any undue influence or favor, it will be considered as illegal. Mutual consent is the main aspect of a contract. Many contract disputes occur due to the disagreement between the parties on the terms and conditions.They interpret the rules differently as these are often found to be vague or ambiguous.

Function:Contract law permeates our day-to-day lives, and often we are not aware of its presence. While legally qualified individuals may be aware every time a contract comes into existence and note phrases such as the customer uses this at their own risk with a wry smile, the majority of society lives in blissful ignorance of how deeply indebted to contract law they are.In the first instance it would be a useful exercise to list a few of the various instances of contract law coming into play when we may not expect it. Public Transport every ticket bought on a bus train or on the underground forms a contract. This is a contract of services and the majority of terms will be implied rather than express. If one was to state the whole list of terms on the back of a ticket as to the obligations of the provider of the transport to the customer, it would result in a piece of paper resembling an instruction sheet rather than a ticket.It should be mentioned here that such express terms that form part of the contract must be present at the moment it was entered into. The terms of importance will usually be on display either around the point where a ticket is bought, or it will direct the customer to a full list of the conditions elsewhere. Employment every employee must have a contract of employment with their employer. While it is a fact that some employers have not bothered with the formality of drafting a document setting out the rights and expectations of both parties. Any purchase of goods or services while this is dealt with in more detail below, the sale of goods or services is the most basic form of contract. While we may not appreciate the scope of the law and its impact upon a basic purchase of e.g. a new car, the terms and conditions of sale, the various pieces of legislation importing terms and the case law stretching back more than 100 years on similar issues all have a bearing upon a customers (and suppliers) rights and obligations. It is of course rare for anyone to be made aware of all the terms in existence and the small print usually covers most things of relevance. Buying a house most people who have become involved in the convincing process will recall the stress of waiting for the solicitor to confirm that they have exchanged contracts. The contract will set out the terms of sale, including the price, items of furniture and fixtures that are being left behind and the date of completion. Once the purchase is completed and the monies paid, any issue that may be taken between the parties will have to be raised as a breach of contract. While in the majority of cases the axiom Caveat Emptor (buyer beware) will apply, the specific terms of the contract must still be fulfilled and depending upon the severity of extent of the breach, this will dictate the appropriate remedy available.

Contract Law is everywhere. From the purchase of a newspaper in the morning to the service of gas and other utilities, there exists a contract to govern most relationships outside the domestic scenario. It is understandable therefore that this area of law may be the most diverse in its impact upon everyday life, yet its principles remain comparatively straightforward. There are of course complex issues and certain types of contract (acquisitions and mergers, share holders agreements etc) require specific rules to govern their application, most contracts have a quality that allows them to operate without the knowledge of their existence.The most influential and commonly used contracts are those relating to the purchase of goods and services. We have contracts for the sale of goods when we do our weekly shopping, buy a new appliance or finally get that pair of shoes. Similarly contract for the supply of services exist over the cables service for the TV, the mobile phone company or the plumber who comes into fix the leak upstairs. However they are created, the contracts that we are party to are numerous and often we are not specifically aware of our obligations under them, save to pay what we have agreed to.While we have focused on consumers and individual contracts that is not to say that there are any fewer contracts that exist between companies, corporations, charities or even governments. Most companies will have several contracts for the services it obtains from other companies i.e. cleaning, catering, accountancy etc. There will be contracts of employment with every member of staff, as well as contracts with each shareholder as to the money they have invested and the dividends received each period. They will in turn have contracts with the customers who retain their services, or even other companies by way of merger or shared services within a larger agreement. This is a non-exhaustive list but a good example of how contract law not only creates the basis for the relationship between individuals, companies etc, but also regulates their rights and obligations and ultimately provides a solution in the event of a dispute. The scope of this area of law clearly has no limit.Contract is always subjected to the law. The law provides a remedy if a contract is breached by either party. A contract is legally valid when a promise is exchanged between both the parties. Promises in term of gifts are not considered enforceable because the personal satisfaction of the grantor is not viewed as adequate consideration. ``Certain promises that are not considered as contracts under the normal circumstances may be enforced if one party relies on the assurance of the other partyContracts are generally governed by state law and private law. Private law includes the terms of the agreement between the parties, whereas State law requires the contracts to be out into writing.

General Principles

General principles of contract also serve as a source of law. It occurs when the concerned parties agree upon these principles, which govern their contract. Such clauses hardly occur between the private parties.However, they occur in major agreements between a state and a foreign enterprise. ``The general principles of the contract law are not laid down by any legislative action. Rather they are elaborated. The process of elaborating general principles of contract law is similar to the elaboration of any other general principles of law

Freedom of Contract

The first and foremost principle of contract law is the freedom of contract. ``The freedom of contract has three aspects. They are: 1. Each party is free to decide whether it wishes to go for a contract or not .2. It is the prerogative of the party to decide with whom it will have a contract.3. Each party has the freedom to decide the terms on which the contract will be based.

Freedom of contract expresses the legal level of the basic economic system that is known as the market economy. ``The economic system of the market economy rests on the assumption that the citizens are able to determine what will best serve their purpose (Bonell, 1997) . All the decisions are to be made by the individuals themselves. They must be granted freedom of contract to decide their partners and terms.Conclusion:We have seen how contract law permeates every section of our lives. From employment, to convincing or even to social and recreational activities such as buying a drink in the pub, contracts are created all around us. While the majorities are short lived and the terms fairly simple and unobtrusive, breaches of such agreements may still be enforced with all the force of the law as with the more serious forms of contract.The public perception of contracts is often misleading as many have not found it necessary to enforce such terms. As we live in a capitalist society with freedom of choice, the need to ensure quality often negates the need for a consumer to enforce their rights as to quality and fitness under a contract of sale. Standards are maintained by Government bodies and independent organizations i.e. BSI. The consumer rarely has the need to enforce breaches of contract, and even if they do, retailers are so aware of the rights of consumers that they will allow an exchange of goods without question. It is more often that not (certainly in the current financial climate) that the terms as to payment are enforced by suppliers and sellers in default of the agreement more frequently. Issues of credit are widespread at the moment and the contracts that regulate the borrowing of money against property (hire purchase) or simply under a general agreement (credit card) are being breached every day. This is the other side of the coin for contract law. There are terms and conditions for both parties. This is the essence of a legal contract, the exchange of consideration without which there is nothing more than an unenforceable promise.The law of contract needs to change with the developments in economics, technology and social attitudes. It is usually a matter for Parliament to intervene and legislate for new situations and introduce law that will govern particular relationships and the contract that arise between them. It is impossible however to legislate for all potential eventualities as a situation may arise that was not foreseen, or the technology, issue or relationship that it was intended to regulate may have moved on. It is then for the Courts to interpret the law so as to find the solution to any dispute. While the variety and scope of contracts continue to evolve and increase, the general principles that we have examined above remain applicable. It may be that in years to come there will be introduced a system that will create a standard form of agreement based upon the nature and relationship of the parties to it e.g. companies or businesses in the same market dealing between themselves but there will always be the isolated agreement, or informal shake of hands that ultimately creates a contract and the enforceable terms it grants to those party to it.We Conclude that functions of contract law are:- Provide compensation to the claimant when a breach of contract has been committed To deter someone from breaking a contract knowing that compensation will be available To provide a framework in which businesses can operate

References:http://contract-law.laws.com/contracts/contract-law-overviewhttp://www.ukessays.com/essays/law/contract-law.phphttp://www.mightystudents.com/essay/List.functions.contract.3729