53 54 55 56 5? 58 59 60 61 62 63 64 65 66 * Unlike the position in Civil Law Countries there must be consideration present if an agreement is to legally enforceable in a Common Law country * Law in Common Law countries developed mainly from written Roman Law established when the Roman Empire ruled the land around the Mediterranean Sea. * Separation of powers involves government, Parliament, and the judiciary whereby power is distributed between all three entities to avoid too much power to be held by any one of them, essentially to avoid excessive State control over citizens * In New Zealand a draft Act of Parliament is a Bill Mich passes through various stages of discussion and it becomes law when signed by the British Queen's representative in NZ, the solicitor-general * No building contact is legally enforceable unless it is written * Terms of a contract can be made expressly or impliedly * If an agreement has been entered into in writing and both parties signed the agreement but one party did not willingly sign the agreement, the agreement is unenforceable * It does not necessarily follow that if one party to an agreement has used its economic position to persuade the other party to agree to less than ideal terms, that the agreement is unenforceable * If a party is in breach of a contract by not doing what the party agreed to do under the contract, then unless that party can correct the breach, that party is liable to pay the other party damages being being money to compensate them for the harm or loss caused by that breach * If an agreement is made between two parties in which one party will pay money for the other party's performance of its obligations, it must be a legally enforceable contract * The element of "consideration" in a contract means that the parties have thought about it and have considered their intentions under the agreement * Capacity to contract concerns a party's mental ability to be able to know what they are doing when making a contract for example by reason of age or mental state, either permanent or temporary, so is not possible to make a legally binding contract after taking drugs * A deed is an agreement made in a specific form which, unlike a contract, can create legally binding obligations without the presence of consideration * The need for consideration to form a legally binding contract is a creation of the Common Law system but is not a requirement of the Civil Law system
