The foundational principles of contract law in the Common law (with emphasis on English and American law)

Document Type : Original Article

Authors

1 ph.D Candidate of Law Tehran University.

2 assciateprofessor ,Tehran university

10.48308/jlr.2024.232411.2544

Abstract

Legal principles are accepted norms pre-existing in the society which have been recognized and accepted and entered the legal system. The common feature of all legal principles is comprehensiveness, absoluteness and abstraction. These principles also tend to converge with social and moral values. Despite the generality of both, the difference between the principle and the legal rule is that the legal rule is specific because it is established for a specific legal situation and it is only applied to certain actions and events, While the principle is general because it includes the number of indefinite cases. The four principles of freedom of contract, justice, efficiency and security are principles that are recognized as fundamental principles in most legal systems and they are the source of many legal rules and regulations. In the common law system, which has been specially examined, these principles can be achieved through judicial procedure and laws.

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Articles in Press, Accepted Manuscript
Available Online from 28 January 2024
  • Receive Date: 22 August 2023
  • Revise Date: 12 January 2024
  • Accept Date: 28 January 2024