Comparative Analysis of Usual and Incidental Contractual Conditions in the Albanian and English Contract Law

• Pages: 36-47

Vol. 9 No. 3

November, 2023

Academic Journal of Business, Administration

Law and Social Sciences

36

E-ISSN 2410-8693

ISSN 2410-3918

Comparative Analysis of Usual and Incidental Contractual Conditions in the

Albanian and English Contract Law

Assoc. Prof. Dr. Luan Hasneziri

Albanian University, Tirana, Albania

DOI: hps://doi.org/10.2478/ajbals-2023-0008

Abstract

The contract concluded by the parties, in addition to the essential conditions, which must

necessarily exist in every contract; otherwise, it is invalid, also contains the usual conditions

and the incidental conditions. This paper consists of two main issues. In the rst case, the

usual conditions and the incidental conditions will be treated according to contractual law

in Albania. In the second case, these conditions will be addressed in accordance with English

contract law, which is commonly referred to as “conditions negotiated by the parties”. The

issues to be addressed in the rst case pertain to the fundamental features that characterize

the usual and incidental conditions under Albanian contract law, their content, and the

consequences of their omission in the contract.

In the second part of this paper, we will delve into the interpretation of miscellaneous clauses,

both ordinary and incidental, under English contract law. We will explore the evolution in

their interpretation within English judicial practice and examine the consequences of parties

anticipating these terms. Particular aention will be paid to the challenges that have arisen

in English judicial practice when resolving disputes between parties. In this manuscript, we

will not only discuss the various positions held by dierent authors on this maer but also

reference select decisions from English courts.

In conclusion, we will provide a summary of results, focusing on the disparities between

contractual law in Albania and UK concerning typical and incidental contract conditions.

We will also address the issues that have arisen in the judicial practices of both countries,

emphasizing the need for a fair and accurate interpretation of such conditions.

Keywords: contract law, boilerplate clauses, case terms, good faith and contractual impartiality.

1. Introduction

“One of the conditions that may be included in a contract between parties pertains to

“usual conditions”. These conditions are established by civil legislation, with legal provisions

authorizing their inclusion, and are typically encountered in specialized contracts governed

Research Article

© 2023 Luan Hasneziri

This is an open access article licensed under the Creative Commons

Attribution-NonCommercial 4.0 International License

(https://creativecommons.org/licenses/by-nc/4.0/)