Cardozo College Of Law

Some frequent law methods, together with Australia, are transferring away from the concept of consideration as a requirement. The idea of estoppel or culpa in contrahendo, can be used to create obligations throughout pre-contractual negotiations. In exceptional circumstances defences can apply to particular acts, such as killing in self defence, or pleading madness. Another instance is in the 19th-century English case of R v Dudley and Stephens, which tested a defence of “necessity”.

In France, an ordinary contract is said to form merely on the basis of a “assembly of the minds” or a “concurrence of wills”. Their ‘abstraction principle’ implies that the non-public obligation of contract forms individually from the title of property being conferred. When contracts are invalidated for some cause (e.g. a automotive buyer is so drunk that he lacks authorized capability to contract) the contractual obligation to pay may be invalidated individually from the proprietary title …