Freedom to contract (principles)

Question 1

• freedom to contract- Paragraph 1- Intro

Answer 1

Freedom to contract allows parties to decide not only who to contract with, but the specific terms they wish to contract with. Freedom to contract allows parties the choice of whether to enter the contract or not.

Question 2

• Freedom to contract- Paragraph 2 - Explanation part 1

Answer 2

Freedom to contract allows individuals and businesses to freely negotiate and establish terms without government or court interference. A party is entitled to contract on any terms if they enter the contract voluntarily, this will be upheld in court

Question 3

• Paragraph 3- Explanation part 2

Answer 3

Freedom to contract is often associated with the term “Laissez-faire”, which translates to mean “Let it be “. This policy refers to how the courts and government should not interfere with a persons economic affairs.

Question 4

Freedom to contract- Paragraph 4- generic examples

Answer 4

One example of freedom to contract is the ability to negotiate salary, working hours and responsibilities in employment contracts. Additionally, and individual and businesses are free to negotiate terms when entering different consumer and commercial contracts. Finally, a further example of freedom to contract is evident in real estate contracts as a person can freely negotiate the price of a house sale and whether the house comes furnished or not.

Question 5

Freedom to contract- paragraph 5- Judge/ Theorist/ Academic arguments

Answer 5

Sir George Jessel argued that freedom to contract is essential as individuals should have the utmost liberty to enter into any agreement they wish and this should be upheld by the courts- it is not for the courts to intervene. Additionally, Nozick also advocates for the principle of freedom to contract as he agrees that it is an expression of individual autonomy and a fundamental aspect of a minimal state. However, Atiyah argues that although freedom to contract was evident in the 18th and 19th century, there has recently been a decline in the principle due to increasing regulations, such as the introduction of the consumer Rights act 2015.