Bare Agreement Deutsch
Contract law works best when an agreement is reached, and recourse to the courts is never necessary because each party knows its rights and obligations. However, where an unforeseen event makes an agreement very difficult, if not impossible, the courts will generally consider that the parties wish to break their obligations. It may also be that a party simply violates the terms of the contract. When a contract is not executed in substance, the innocent person has the right to terminate his own benefits and to sue for damages in order to allow him to put himself in a situation, as if the contract had been executed. They are required to reduce their own losses and cannot claim prejudice that was a distant consequence of the offence, but remedies under English law are based on the principle that full compensation for all losses, not or not, must be repaired. In exceptional cases, the law continues to require a criminal to replace the benefits of breaching a contract and may require a specific execution of the agreement instead of financial compensation. It is also possible that a contract will be cancelled because a party has not advertised adequately based on the nature of the contract or has provided false information during the negotiations. An exception to the Law on Misrepresentation – that contracts can be invalidated in the event of missteps, but that the right of withdrawal may be excluded, among other things, by third-party rights – occurs when fraudulent misrepresentation induces a person to enter into an agreement through a written document remotely (not when a transaction is face to face). In Shogun Finance Ltd v.
Hudson, a scammer received Mr. Patel`s credit data and purchased a Mitsubishi Shogun on a lease-purchase agreement at a car dealership. Shogun Finance was faxed by Mr. Patel`s details and agreed to finance the purchase of the car so that the scammer could leave. Then Mrs. Hudson bought the car from the crook. The thug is missing. Then Shogun found finance, which had never been paid predictably, and filed a complaint to pick up the car. A narrow majority of the House of Lords found that the contract between the financial company and the crook had been cancelled to protect the security of commercial transactions by a signed document (the same consequence, as if there had never been an offer reflected by acceptance). You have always intended to enter into a contract with Mr. Patel.
And because no one can pass on property they don`t have (nemo dat quod non habet), Ms. Hudson never acquired the legitimate title of the scammer`s car and had to return the car.  The minority felt that this situation should be consistent with the right of misrepresentation and that the right of the financial corporation to terminate the contract would be excluded by interfering with Ms. Hudson`s rights as a third-party purchaser in good faith, as in all of Europe, in the United States, and by previous decisions of the Court of Appeal.  However, as a result of the majority decision, this particular category of “identity errors” remains a general exception to the English Law on Misrepresentation.  Increasingly, the English contract negotiations law was influenced by its commercial relations with Northern Europe, especially since Magna Carta 1215 had guaranteed merchants “safe and secure” departure and entry to England “for the purchase and sale by the old rights and customs, the cancellation of all bad tolls”.  In 1266, King Henry III had given the Hanseatics a charter for trade in England.