Who Said Every Agreement and Promise Enforceable at Law Is a Contract

It is a well-known legal principle that every agreement and promise that is enforceable at law is a contract. But who made this statement? Where does this principle come from? In this article, we will delve into the origins of this principle and what it means in the context of the law.

The statement that every agreement and promise enforceable at law is a contract is based on the common law concept of a contract. Common law is the body of law that is based on established judicial decisions, as opposed to statutory law, which is law that is enacted by a legislative body. In other words, common law is based on precedent, or past cases that have established legal principles.

The concept of a contract is one of the fundamental principles of common law. It is a legally binding agreement between two or more parties, where they agree to perform certain actions or obligations. To be considered a contract, certain elements must be present, including an offer, acceptance, consideration, and an intention to be legally bound.

The statement that every agreement and promise enforceable at law is a contract is attributed to Sir Frederick Pollock, a renowned English jurist who lived in the 19th and early 20th centuries. Pollock was a prolific author and legal scholar who, along with Oliver Wendell Holmes Jr., co-authored the influential book, The Law of Torts.

Pollock’s statement reflects the common law principle that if an agreement or promise meets the elements of a contract, then it is legally enforceable. This means that if a party fails to fulfill their obligations under the agreement, the other party can seek legal remedies such as damages or specific performance.

However, not all agreements or promises are enforceable at law. For example, agreements that involve illegal activities or contracts that are unconscionable, meaning they are so one-sided that they are considered unfair or oppressive, may not be enforceable.

In conclusion, the statement that every agreement and promise enforceable at law is a contract comes from the common law principle that for an agreement to be legally binding, it must meet the elements of a contract. While this principle has been attributed to Sir Frederick Pollock, it reflects a longstanding legal principle that is integral to the concept of contracts in common law jurisdictions. As a professional, it is important to understand these legal principles and how they relate to the content you are editing and creating.