History of English contract law


The history of English contract law traces back to its roots in civil law, the lex mercatoria and the Industrial Revolution. Modern English contract law is composed primarily of case law decided by the English courts following the Judicature Acts and supplemented by statutory reform. However, a significant number of legal principles were inherited from recording decisions reaching back to the aftermath of the Norman Invasion.

Civil law

Norman England

The Lex Mercatoria's reception

Freedom of contract

Covenant

Furrer v Snelling, 1 Rolle 335, 3 Bulstrode 155, Jenk 324, case 38, Michalmass 13 Jac B R, is a contracts and property case, in English law. The case established the ratio that in covenant only damages are recoverable. A tenant entered a covenant for payment of rent of £20 per annum, for 4½ years. However, the case was brought for non-payment of £100 which the plaintiff claimed for the rent. The judge found that "in covenant damages only are to be recovered and this surplus in miscomputing shall be abated", and "where more is demanded than is due... the debt only, is to be recovered".

Modern regulation