how to write contract law essay

How Do I Write A Contract Law Essay?

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Students who opt to study the discipline of law at higher levels of study deserve some serious praise and commendation. They are fully aware of all that this study entails such as difficult assignments and tests, and still choose to study it. From the time their course commences, till the point of its completion, they have to undertake a series of academic tasks and assignments, which range high on the difficulty level.

Law students have to deal with a lot of assignment writing projects, where they are required to prepare law essays on a variety of different topics. Among others, one common kind of essay which they have to deal with is the contract law essay. Like other essays, this also has a set of particular guidelines which students have to follow to fulfil its purpose.

Given below are some of the central things to remember when preparing a contract law essay.

1. Should detail the ‘offer’ and ‘acceptance’

A contract essay details a contractual agreement between two or more involved parties. For a contract, there has to be an ‘offer’ made from one party to the other, and also the ‘agreement’ or acceptance from the other party to whom the offer is made.

2. Mention the parties involved and the term of the contract

Aside from giving the complete details of the contract, there should be an explicit mention of all the involved parties, to avoid any discrepancy occurring in the later stages. Additionally, the time period should also be stipulated regarding how long the contract will hold between the parties above and under what terms.

3. Conditions of contract, if any

The essay discussing the contract should also clearly mention if there are any conditional requirements of the essay. It is possible that the contract may have come into being upon one party putting forth a specific condition or set of terms upon whose fulfilment the parties will be contractually bound. Therefore, if the student is aware of any such conditions, existing in the body of the contract, they should make sure to mention it all very clearly.

4. Should be clear and unambiguous

When dealing with such law essays that deal with different aspects of the law trade, it is important that the essay be free of all kinds of ambiguity, whether in contractual terms disclosure or the use of language. Utmost attention should be paid to the usage of language, using a formal tone while being very clear about what is being said so that the reader knows the terms of the contract, precisely. There should be no room left for error or misassumptions as it can compromise the quality and purpose of the essay.

5. Get assistance from external resources

If students are unable to prepare the law contract essay satisfactorily or some kind of confusion persists when dealing with the different elements of the essay, they should consider availing law essay writing assistance from online help portals. With the guidance and assistance which they can provide, students can benefit from it all, so that eventually they can earn a good score or grade on their law contract essay.

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How to Write a First-Class Law Essay

Studying law at university entails lots of essay writing. This article takes you through the key steps to writing a top law essay.

Writing a law essay can be a challenging task. As a law student, you’ll be expected to analyse complex legal issues and apply legal principles to real-world scenarios. At the same time, you’ll need to be able to communicate your ideas clearly and persuasively. In this article, we’ll cover some top tips to guide you through the process of planning, researching, structuring and writing a first-class law essay with confidence. 

1. Start In Advance

Give yourself plenty of time to plan, research and write your law essay. Always aim to start your law essay as soon as you have the question. Leaving it until the last minute does not only create unnecessary stress, but it also leaves you insufficient time to write, reference and perfect your work.

2. Understand The Question

Do not begin until you fully comprehend the question. Take the time to read the question carefully and make sure that you understand what it’s asking you to do. Highlight key terms and annotate the question with definitions of key concepts and any questions that you have have. Think about how the question links back to what you’ve learned during your lectures or through your readings.

3. Conduct Thorough Research

Conducting thorough research around your topic is one of the most fundamental parts of the essay writing process. You should aim to use a range of relevant sources, such as cases, academic articles, books and any other legal materials. Ensure that the information you collect is taken from relevant, reliable and up to date sources. Use primary over secondary material as much as possible.

Avoid using outdated laws and obscure blog posts as sources of information. Always aim to choose authoritative sources from experts within the field, such as academics, politicians, lawyers and judges. Using high-quality and authoritative sources and demonstrating profound and critical insight into your topic are what will earn you top marks.

4. Write A Detailed Plan

Once you’ve done your research, it’s time to plan your essay. When writing your plan, you’ll need to create an outline that clearly identifies the main points that you wish to make throughout your article. Try to write down what you wish to achieve in each paragraph, what concepts you want to discuss and arguments you want to make.

Your outline should be organised in a clear, coherent and logical manner to ensure that the person grading your essay can follow your line of thought and arguments easily.  You may also wish to include headings and subheadings to structure your essay effectively This makes it easier when it comes to writing the essay as starting without a plan can get messy. The essay must answer the question and nothing but the question so ensure all of your points relate to it.

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5. Write A Compelling Introduction

A great introduction should, firstly, outline the research topic.  The introduction is one of the most crucial parts of the law essay as it sets the tone for the rest of the paper. It should capture the readers attention and provide the background context on the topic. Most importantly, it should state the thesis of your essay.

When writing your introduction, avoid simply repeating the given question. Secondly, create a road map for the reader, letting them know how the essay will approach the question. Your introduction must be concise. The main body of the essay is where you will go into detail.

6. Include A Strong Thesis Statement

Your thesis should clearly set out the argument you are going to be making throughout your essay and should normally go in the introduction. Your thesis should adopt a clear stance rather than being overly general or wishy-washy. To obtain the best grades, you’ll need to show a unique perspective based upon a critical analysis of the topic rather than adopting the most obvious point of view.

Once you’ve conducted your research and had a chance to reflect on your topic, ask yourself whether you can prove your argument within the given word count or whether you would need to adopt a more modest position for your paper. Always have a clear idea of what your thesis statement is before you begin writing the content of your essay. 

7. Present the Counter-argument

To demonstrate your deeper understanding of the topic, it’s important to show your ability to consider the counter-arguments and address them in a careful and reasoned manner. When presenting your counterarguments, aim to depict them in the best possible light, aiming to be fair and reasonable before moving on to your rebuttal. To ensure that your essay is convincing, you will need to have a strong rebuttal that explains why your argument is stronger and more persuasive. This will demonstrate your capacity for critical analysis, showing the reader that you have carefully considered differing perspectives before coming to a well-supported conclusion.

8. End With A Strong Conclusion

Your conclusion is your opportunity to summarise the key points made throughout your essay and to restate the thesis statement in a clear and concise manner.  Avoid simply repeating what has already been mentioned in the body of the essay. For top grades, you should use the conclusion as an opportunity to provide critical reflection and analysis on the topic. You may also wish to share any further insights or recommendations into alternative avenues to consider or implications for further research that could add value to the topic. 

9. Review The Content Of Your Essay

Make sure you factor in time to edit the content of your essay.  Once you’ve finished your first draft, come back to it the next day. Re-read your essay with a critical perspective. Do your arguments make sense? Do your paragraphs flow in a logical manner? You may also consider asking someone to read your paper and give you critical feedback. They may be able to add another perspective you haven’t considered or suggest another research paper that could add value to your essay. 

10. Proofread For Grammatical Mistakes

Once you’re happy with the content of your essay, the last step is to thoroughly proofread your essay for any grammatical errors. Ensure that you take time to ensure that there are no grammar, spelling or punctuation errors as these can be one of the easiest ways to lose marks. You can ask anyone to proofread your paper, as they would not necessarily need to have a legal background – just strong grammar and spelling skills! 

11. Check Submission Guidelines

Before submitting, ensure that your paper conforms with the style, referencing and presentation guidelines set out by your university. This includes the correct font, font size and line spacing as well as elements such as page numbers, table of content etc. Referencing is also incredibly important as you’ll need to make sure that you are following the correct referencing system chosen by your university. Check your university’s guidelines about what the word count is and whether you need to include your student identification number in your essay as well. Be thorough and don’t lose marks for minor reasons!

12. Use Legal Terms Accurately

Always make sure that you are using legal terms accurately throughout your essay. Check an authoritative resource if you are unsure of any definitions. While being sophisticated is great, legal jargon if not used correctly or appropriately can weaken your essay. Aim to be concise and to stick to the point. Don’t use ten words when only two will do.

12. Create a Vocabulary Bank

One recurring piece of advice from seasoned law students is to take note of phrases from books and articles, key definitions or concepts and even quotes from your professors. When it comes to writing your law essay, you will have a whole range of ideas and vocabulary that will help you to develop your understanding and thoughts on a given topic. This will make writing your law essay even easier!

13. Finally, Take Care of Yourself

Last but certainly not least, looking after your health can improve your attitude towards writing your law essay your coursework in general. Sleep, eat, drink and exercise appropriately. Take regular breaks and try not to stress. Do not forget to enjoy writing the essay!

Words by Karen Fulton

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145 Contract Law Topics to Write about & Examples

Are you a law school student? This contract law topics list is for you! Here, you will find the most interesting concepts and legal issues to explore. Write an outstanding essay with the help of our law of contract assignment topics and samples!

🔝 Top 10 Contract Law Topics for 2024

🏆 best contract law topic ideas & essay examples, 👍 good contract law topics for essays, 📝 simple & easy contract law assignment topics, 📑 interesting contract law research paper topics, ❓ contract law essay questions, 🤩 law of contract assignment topics: benefits.

• The Elements of a Valid Contract
• The Doctrine of Privity of Contract
• Alternative Dispute Resolution Methods
• Fraud and Misrepresentation in Contracts
• How to Identify Unfair Terms and Conditions
• Remedies and Legal Recourse for Non-Performance
• Mental Incapacity and Its Implications in Contract Law
• Mistakes and Their Effects on Contractual Validity
• Which Contracts Must Be in Writing to Be Enforceable?
• E-Signatures, Online Agreements, and Legal Validity
• Misrepresentation Under Contract Law This case is a case of negligent misrepresentation because the finance officer made the statement without knowledge of the capacity because he had not gone to the building to ascertain the facts of what he […]
• Contract Law: Nike, Inc. vs. Eugene McCarthy The United States Court of Appeals, Ninth Circuit affirmed the decision of the district court that Eugene McCarthy violated the agreement, provided potential harm to the company, and had to leave the position offered by […]
• Importance of Role of Contracts in Sports Law One of the laws which play a truly vital part in the regulation of sports activities is the law of contract.
• Contract Law: Sand Diego Case In this case the old contract is discharged and there is a substitution of anew contract By vicarious performance: It is open to the parties to have their contract performed vicariously by another person, provided […]
• Contract Law in Different Countries The applicability of certain laws therefore becomes the basis of a legal system and how this can be utilized in the greater complexity of certain involvements and participations. Lastly, conflicts of law and harmonization process […]
• Researching the Law of Contract The offeror entails “the party making the offer while the offeree refers to the party to whom the offer has been made and a serious and objective intention on the part of the offeror must […]
• Contract Law: Car Buying Agreement and Fraud When considering the purchase of a car, one must be aware of the legal specifics of the process, as the case of Jim and Laura shows quite clearly.
• The Duress Cases in Contract Law The court decided that the agreement was null and void because the wife did not receive adequate advice concerning the husband’s worth before or during the time she was required to sign the agreement.
• Business Law: Contracts With Intoxicated Persons It is the client’s goal to rescind the contract, and she can do so in correspondence to the capacity to contract and duress and undue influence.
• Business Laws in Contract Termination In the contract between the Commonwealth Government of Australia and Chill-Out company, dissolution can be applied because of the poor performance of the employed enterprise, as in the case of Abrams v RTO Asset Management.
• Woody Allen vs. Amazon Contract Law Case The reasons given by the court were that the defendant and the plaintiff settled their issues in private and the appellant withdrew the case.
• Contract Law: The Case Study The former decides to sue Johnny for breach of contract on the two commitments, buying the car and the $10,000 offer.
• Contract Law Cases: Suspicious Directors in Firms The legal duty of care assigned to the defendant is one that emerges independently of contractual responsibility, and expressly, in the absence of a contract.
• U.S. Contract Law: Basics A significant role in the emergence and development of the theory of the U.S. contract law belongs to the American jurists Langdell and Holmes.
• English Law of Contract: Theory and Examples This means that the finding of the painting preludes the obligation for paying the reward without the necessity of proof of offer acceptance.
• Contract Law: Alpha Bookstore’s Delivery Issues The area of law that this case relates to is contract law, and the bookstore has remedies for the problems with the contract and lost chance.
• Contract and Agency Law: Restraint of Trade A typical restraint of trade clause on an employment contract will be: The employee agrees that he or she will not, after the termination of the employment contract with the employer, either directly or indirectly, […]
• Contract and Agency Law: Overview and Analysis In the case of Carlill v Carbolic Smoke Ball Company, the court of appeal held that the advert made had all the requirements of an offer and was, therefore, an offer in itself.
• Singapore Contract Law Analysis Therefore, D & D shopping mall would be exempted from the damage of the car because they had referred to the clause in red.
• Contract Law: The Impossibility of Performance The paper will include a discussion of the elements of the impossibility of performance and the three situations where the defense can be used; and a discussion of commercial impracticability and its application to the […]
• Contract Law: Selling Legal Encyclopedias Normally, a contract is established when the offeree and the offeror agree to the terms of their negotiation. In the above case, Carrie made an offer to sell a set of encyclopedias to Antonio.
• Law of Contract: The Case of James and the Kitchen Wizard Even though this was not included in the contract, the fact that James was made to believe that he was purchasing the items that he had wanted by the salesperson gives validity to the feelings […]
• Consideration of the Law of Contract In this case, John failed to fulfill his share of the contact thus Chen has this as a basis of not paying the high labor cost, the case says “John builds the extension but does […]
• Contract Law: Huang vs. Bill the Builder The main purpose of seeking compensation of damages resulting from a breach is to put the innocent party in its initial position if the breach had not occurred in the first place. Huang had clearly […]
• Contract Law and License: Review But there is also the matter of usage of already existing material and the contracts that are drawn up by companies to make a profit.
• Contract Law: Case Brief on Fiona vs. Black Tie The elements of a contract were all present in the contract that was between the Black Tie Dry cleaning and Fiona and based on the arguments and explanations the company is not liable to any […]
• Government Contract Law: The Case of Boston Shipyard Corp. MSC was aware that at the time of the formation of the contract, BSC was proceeding with a bankruptcy arrangement yet it signed the contract.
• Different Types of Contracts in Law It is a defense in the sense that the two parties had agreed to perform the contract but had not factored in such other contingencies that could render the whole or part of the contract […]
• Business Law: The Contract and Tort Law Under the contract of CG and Cambridge city, the offer was given by the city to the CG to collect the garbage in the area of 3000 households for three years with the expectation of […]
• Law of Contracts: Case No. CA06-1281 in Arkansas The most important aspect of a contract is the offer and acceptance where one party offers an agreement and the other accepts.
• Contract Law and Legally Binding Relationship The analysis of this case will tend to advise him on the next reaction relating to the competition which was in place, the contract and the letter that he received from the solicitors.
• Contract Law in Business and Consumer Protection When the couple approached the hotel manager, they were referred to the terms and conditions form they had signed as they checked in and one of the terms and conditions read that the hotel will […]
• The Contract Law: The Case of James and the Pet Toys There is a distinction between the day and moment that the advertisement was posted in the newspaper and the time that was taken for the letter to get to the manager.
• Law Illustrations, Legal Rights, Law of Contract At the same time, the customers of the company, and Thomas and Peter in particular, considered the advertisement to be an offer to the world at large.
• Acting in Good Faith: Contract and Agency Law To start with the validity of the contract should be analyzed; and in this case, the two contracting parties had agreed mutually to reduce the amount to a nominal amount of $150.
• Joint Liability Under English Contract Law If this is a case of common co-debtorship, D will have to sue A, B, and C jointly to claim the horse.
• Avoiding & Settling Disputes Under Sales Contract Law The major peculiarity of this problem lies in the following: the seller of the car officially disclaimed any liability for the injuries and repair costs caused by defects in the vehicle.
• Criminal and Contract Law in the Healthcare Sector It is therefore important for healthcare professionals to conform to the criminal laws and the terms and conditions of their contracts.
• Contract Law: Promissory Estoppel and Part Payment In the case of promissory estoppel, consideration has centered on the notion of exchange or bargain as a reasonable basis for the elucidation of what is meant by promissory estoppel in payment of consideration under […]
• Contract Law: Introduction to Legal Analysis and Writing It is on the basis of this information and other materials not mentioned in the case that he manages to convince Mr.
• Law of Contract: Aspects of the Lease Issue Manchester Citi Council, it was reaffirmed that although the Council may have not signed and delivered the documents, whereupon the customer had signed and delivered the documents for onward transmission to the buyer, the contract […]
• Three Articles on Contract Law Comparison The article examines substantial body of case law in the UK on the interpretation of Articles 3 and 4 of the Rome Convention on the law applicable to contractual obligations which emerged in 2000.
• Contract Law and Agreement in Business As the partnership involves financial issues, it is advised to create a contract to secure the operation and have a legal basis for possible complaints.
• Contract Law: Breach, Mutual and Unilateral Mistake The implication of this is that the contract would have ordinarily remained valid until the time the plaintiff moved to have it avoided.
• Contract Law: Legally Binding Agreement With Minors However, the law allows a minor to enter into contracts for the supply of necessities if no adult can provide the necessities.
• Contract Law: Offer in the Acorn Computers Case It is a general rule that when an offer is made as was done by B supermarkets, the contract becomes binding the moment an acceptance is made by the offeree.
• Contract Law: Refund for Cancelled Trip Payments The problem was in the fact that Burt decided to cancel the vacation, and he needed to receive the refund related to the reservation payments.
• English Contract Law: Gibson vs. Manchester City Council Rather, it merely stated that the house “may be prepared to sell” and that the letter was not a “firm offer of a mortgage”.
• Contract Law: Foodmart Inc. vs. Masterpiece Construction The client will therefore have the right to repudiate the contract on the basis that the terms of the agreements have not been upheld.
• Contract Law and Its Management Consideration means what is exchanged between the parties to a contract to make the agreement valid. The contractor agrees to do the work by the set date and the client promises to compensate him for […]
• Contract Law: Main Line Pictures Inc. vs. Basinger In maximizing /minimizing the loss profit incurred, this amount should not be included because the film was not produced so the actual loss caused by Basinger not taking part in the film cannot be traced.
• Promissory Estoppel in English Contract Law In regards to the case between Brian and Harry, Harry won the case in which he claims a breach of contract by Brian.
• Business Ethics and Contract Law While analyzing the nature of relationships between the supplier and Don from the ethical perspective, it is necessary to support the cessation of doing business with Don.
• Minors and Contract Law: Hallman vs. Lemke But if Jeremy’s actions and the act of entering into the contract was overseen with his parents or guardians in the presence of the sales personnel, the company will be able to sue for damages […]
• Contract Law in the United Arabs Emirates To understand the contract law through the prism of the UAE legal system, it is important to discuss the principles of the laws and provisions of a contract.
• UAE and UK Contract Law: Misrepresentation and Duress Contract law is the agreement that should clear identify the situation and help the parties be equal; misrepresentation and duress can influence the quality of the contract and have to be properly understood by the […]
• English Contract Law: Fundamental Principles The buyer has an obligation to pay the price and the seller is obligated to transfer ownership to the buyer. Acceptance of the offer implies that there is an objective expression, by the recipient, of […]
• Essential Contract Law: History and Theory The fundamental nature of a contract is a legally binding accord, that is, a reciprocal appreciation among the parties, in regard, to the essence of the contract.
• Business Management Affairs: Contract Law This report highlights the requirements and content of the contract, as well as the consequences for breach of contract by the judges.
• The English Contract Law: Terms and Classification To determine a legal contract, the courts look for the following into the contract; the transaction stage, which the transaction took, place, the importance that the representee connected to the declaration together with the skills […]
• Contract and Sale of Goods Law It is clear that Blackboard was aware of the purpose that PostersPLUS intended to use the vinyl film at the time the contract was entered into between the two firms.
• Contract Law: Breach of Contract and Remedies Available For any claim to contractual material breach to be successful, the injured party must establish that: indeed there was a contract; the defendant is indeed the right party to bring a claim, the contract was […]
• Contract Law Dispute: Defendant’s Motion As the judge in the case, I would rule in favor of the plaintiff and oblige the defendant to pay for the damages as requested.
• Rescission of a Contract in the Law of Contracts In the law of contracts, when a contract is rescinded, it means that the two parties to the contract have been relieved of their obligation in relation to the initial contract entered in the initial […]
• Contract Law: PepsiCo and a Harrier Jet Contest Prize The theory of objectivity in a contract implies that for an offer and acceptance to take place, the reasonableness of the offer and acceptance should be considered, thus other than the mutual consent of the […]
• Agreement and Contract Law in the United Kingdom
• Alive and Well: The Good Faith Principle in Turkish Contract Law
• Australian Contract Law Should Be Codified
• Business and Corporation Law: Contract Law and Dispute Resolution
• Contract Law and the Institutional Preconditions of a Market Economy
• China’s 2008 Labor Contract Law: Implementation and Implications for China’s Workers
• Comparing Chinese Contract Law and English Contract Law
• China’s New Labour Contract Law: No Harm to Employment
• Conflict Resolution in the Australian Contract Law
• Creditor and Debtor Relationship in Contract Law
• Contract Law and the Doctrine of Consideration in the United Kingdom
• Economic Reasoning and the Framing of Contract Law
• Contract Law and the Governance of Inter‐Firm Technology Partnerships
• Efficient Third Party Liability of Auditors in Contract Law
• Contract Law and the Self-Enforcing Range of Contracts in Agriculture
• Embedded Options and the Case Against Compensation in Contract Law
• Contract Law: Elements and Specific Terms in Business Contracts
• Faulty Goods and Unfair Contract Exclusions: Cases of English Contract Law
• Contract Law Enforces the Right of Contractual Freedom
• Good Contract Law: Termination or Renegotiation of Contracts
• Contract Law From Christian Worldview Perspective
• Insurance Contract Law and the Concepts of Misrepresentation and Non-disclosure
• Contract Law From Law and Economics Perspective
• International Business Climate and Germany Partnership, Agency, and Contract Law
• Contract Law: Legal, Ethical, and Social Issues in Computing
• Law for Engineers: Analysis of Contract Law
• Contract Law, Mutual Mistake, and Incentives to Produce and Disclose Information
• Multilateral Reputation Mechanisms and Contract Law in Agriculture
• Contract Law: Privity and the Rights of Third Parties
• Mutual and Unilateral Mistakes in Contract Law
• Contract Law: Process, Components, Methods
• Quase Contracts Under Indian Contract Law
• Contract Law Questions Regarding the UCC and UCITA
• The Just Price Doctrine and Contemporary Contract Law: Some Introductory Remarks
• Contract Law, Social Norms, and Inter-Firm Cooperation
• The Past Flaws and Issues of UK Contract Law
• Contract Theory and the Limits of Contract Law
• The Postal Acceptance Rule in Contract Law
• Understanding Contract Law and How to Form Contracts on the Internet
• Comparing Verbal Agreements and Contract Law
• What Is the Meaning of the Contract Law?
• How Can the Terms of Contract Law Be Violated?
• What Are the Past Shortcomings and Problems of UK Contract Law?
• What Is the Principle of Good Faith in Turkish Contract Law?
• How Will Contract Law Apply?
• What Are the Legal Consequences of Australian Contract Law?
• What Is the Difference Between Agreement and Contract Law?
• What Is the Essence of the New Labor Contract Law in China?
• What Are the Implications of China’s Labor Contract Law for Chinese Workers?
• How Does China’s New Labor Contract Law Ensure No Harm to Employment?
• What Are the Rules of Contract Law?
• How Does Australian Contract Law Resolve Conflicts?
• What Ethical Issues Does Contract Law Raise?
• What Are the Main Aspects of Contract Law?
• How Can You Explain Contract Law From the Point of View of Law and Economics?
• What Is a Precedent in Contract Law?
• What Are the Basic Principles of Contract Law?
• How Does Contract Law Govern Interfirm Technology Partnerships?
• What Is the Role of Contract Law in Agriculture?
• What Are the Elements and Special Conditions of Contract Law?
• How Can You Explain Contract Law From a Christian Perspective?
• What Are the Consequences of Violating the Terms of Contract Law?
• How to Avoid Mistakes and Fraud in Contract Law?
• Contract Law: What Are the Requirements for a Contract?
• What Is the Relationship Between the Creditor and the Debtor in Contract Law?
• How Contract Law Affects Small Businesses?
• How Can You Analyze E-Business Contract Law?
• What Are the Elements of Contract Law?
• How Does Contract Law Govern Sales Agreements?
• What Is the Contract Law Worksheet Assignment?

Here’s what makes our contract law topics list stand out:

• Chicago (A-D)
• Chicago (N-B)

IvyPanda. (2024, February 26). 145 Contract Law Topics to Write about & Examples. https://ivypanda.com/essays/topic/contract-law-essay-topics/

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Contract Law: Property Law in Contractual Obligations

In the complex world of legal frameworks, the interplay between contract law and property law is both fascinating and crucial for professionals navigating the fields of real estate, intellectual property, and beyond. Understanding this relationship not only empowers legal practitioners but also entrepreneurs, investors, and anyone involved in the drafting, negotiating, or executing of contracts related to property.

Property law addresses the rules and statutory requirements related to the ownership and transfer of property. This can include real property, like land and buildings, and personal property—both tangible items like goods and intangible ones like intellectual property rights.

Contract law governs how agreements between parties are formed, interpreted, and enforced. It's the backbone of commercial dealings, ensuring that parties can rely on the commitments they make to each other. Contracts can range from simple purchase agreements to complex multi-party joint ventures, each with its nuances and legal requirements.

This post explores how contract law and property law work together and the different ways they interact.

Common Property-Related Provisions in Contracts

Contracts are often used to set the terms and record the understanding of property transactions. These include the sale of property, restrictions on the use of property, the lease of property and more. However, the rules of property law differ in small areas from the rules of contract law. You can particularly see this when the eternal nature of property meets contractual obligations in breach of contract.

Sale and Purchase Agreements and Penalties Such as Specific Performance

Under the Statute of Frauds, most states require the “sale and purchase agreements” for real estate to be in writing. This makes their contractual nature easy to see. This document finalizes the terms and conditions of the sale and assignment of contract rights. It also lays out the terms and conditions that apply after they sign the document but before they complete the sale. Realtors are careful when drawing up contracts to cover most contingencies. If the matter goes to court over breach of contract, the parties may be required to perform their contractual obligations, including specific performance, if that is just. 1

Property Use and Restrictions

Parties often contract for property use and restrictions on it. Deeds record these non-possessory interests as restrictive covenants. Covenants, such as home color restrictions and landscape requirements, are listed in homeowners association documents as contractual obligations. The contract may list specific performance as the remedy, and your client may have to repaint their house or re-landscape their yard.

The city can exercise contracts, as with zoning laws and building codes. Easements may offer another party a pathway through your property, such as a utility easement running electric lines to your house. A lien is a loan, the payment of which is tied to the sale of your property. They write these limitations into the land deed.

Changing or eliminating deed restrictions is difficult to nearly impossible. A few will expire over time, but most will not. The seller has to disclose deed restrictions as part of the sales contract, and the buyer should look over them carefully. 2 These restrictions can outlive the parties who originally signed the contract, and as such, they become subject to property law and are not simply contracts. 3

Landlord-Tenant Contracts and Lease Terms

You can contract leases, as well, in both residential and commercial forms. Leases are contracts, contractual obligations, between landlords and tenants that set the terms upon which the parties share the property. Common residential lease terms (the assignment of contract rights) include the names of all the parties leasing the property, limits on occupancy, term of the tenancy, rent, deposits and fees, repairs and maintenance, entry to rental property, restrictions on tenant illegal activity and pet clauses. 4 Commercial lease terms can also include exclusive use, improvements, taxes, covenants, obligation to repair, transfer structure and personal exposure. 5

Key Considerations for Property Law in Contracts Avoiding Breach of Contract

Because property and contract law interweave, lawyers must be at the top of their game when examining sales and purchase agreements, leases, and land-use restrictions. Anything less could lead to contract disputes and potential breach of contract.

Legal Counsel and Contract Review Meeting Contractual Obligations

During the process of selling or buying a home, a real estate attorney works for the seller or the buyer, but not both. Some states even require parties to use an attorney. During real estate transactions, lawyers can draft and complete contracts, write amendments to standard contracts, complete title searches, and conduct closings. 6 Out of all of this, the lawyer’s most important function is to review the contract to ensure that the terms are favorable to the party they represent and that there are no surprises.

Due Diligence in Property Transactions To Avoid Contract Disputes

Legal due diligence is a process by which the contracting parties make certain that they have all the information and need no more documents. In property transactions, this means that they have the original deed and all the covenants and restrictions attached to it, including homeowners association agreements.

The due diligence period is the time between the signing and the closing when the purchaser’s team must verify that everything is right. This is the time for inspections, title checks, appraisals and surveys. 7 This is the time to lay out all the documents together and confirm that you have a full understanding of the home or building your client is purchasing.

Regulatory Compliance and Zoning Laws in Assignment of Contract Rights

The property will also have to comply with all zoning laws and other regulations that apply to the property based on its location. They may include these with the deed, or they may not. Zoning may affect a client’s plans if they want to run a business from home, add a mother-in-law suite to their garage or even park an RV in their driveway. 8

Elevate Your Legal Career With an Online Master of Studies in Law

The intricate dance between contract law and property law underscores the complexity of legal dealings in property transactions. As the backbone of many commercial and personal agreements, a thorough understanding of their interplay is essential for anyone involved in drafting, interpreting, or executing property-related contracts. For legal practitioners, investors, and business professionals alike, mastering this interplay is not just about preventing disputes—it’s about unlocking opportunities and facilitating seamless transactions in a legally compliant manner.

The evolving nature of both contract law and property law, driven by changes in technology, society, and the economy, means that the landscape is continually shifting. Staying abreast of these changes through dedicated study and professional growth is crucial for anyone looking to thrive in these intersecting realms of law.

If you are a professional looking to grow your understanding of the law, but not practice it as an attorney, consider the University of Pittsburgh School of Law’s Online Master of Studies in Law (MSL) program . Property and contracts are just two of the courses included in the core curriculum for the MSL program.

The Online MSL courses are completely asynchronous and taught by world-renowned Pitt Law faculty and industry experts. You will also go through the program with a cohort of like-minded professionals, which maximizes opportunities for collaboration, support, networking, and more. Set yourself apart as a leader when you choose to pair the core MSL curriculum with one of our in-demand specializations to learn what matters most to your career. Choose from Health Care Compliance , Human Resources Law , International Business Law , Corporate Compliance , and Sports, Entertainment, and Arts Law .

Schedule a call with an admissions outreach advisor to discuss how our Online MSL aligns with your goals and interests.

• Retrieved on March 11, 2024 from nar.realtor/magazine/real-estate-news/law-and-ethics/avoid-legal-snafus-around-canceled-contracts
• Retrieved on March 11, 2024 from rocketmortgage.com/learn/purchasing-a-deed-restricted-house
• Retrieved on March 11, 2024 from lincolninst.edu/publications/articles/easements-covenants-servitudes
• Retrieved on March 11, 2024 from americanbar.org/groups/public_education/resources/law_issues_for_consumers/everydaylaw0/real_estate/renting_a_home/lease_clauses/
• Retrieved on March 11, 2024 from businessnewsdaily.com/15101-commercial-lease-guide.html
• Retrieved on March 11, 2024 from rocketmortgage.com/learn/real-estate-attorney
• Retrieved on March 11, 2024 from nationwide.com/lc/resources/home/articles/real-estate-due-diligence-period
• Retrieved on March 11, 2024 from smallbiztrends.com/2023/05/home-business-zoning.html

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