Terms of the contract in English law A comparative analysis with the conditions attached to the contract in the Iraqi civil law

Abstract

It is worth-bearing in mind that the contract is made up of various statements, promises and stipulations, which are grouped together under the word (terms). The term may be express or implied. It is to be also that the terms of the contract determine the extent of each party’s right and duties. The terms of the contract can also be classified into conditions, warranties and innominate terms. Conditions in the English law are so important terms that they are closely related to the essence of the contract and considered as the heart of the contract. The warranties are contractual statements of lesser importance and they are not regarded as vital or essential to realize the main purpose of the contract, whereas innominate terms are considered as intermediate ones. It should also be noted that the Iraqi civil law has organized the conditions associated with the contract, and classified term into valid, corrupt and void conditions.

Keywords

• the legal nature of the contract clauses