Paper 3 concepts- all

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.

Question 6

Law and Morality- paragraph 1

Answer 6

Sir John Salmond described the law as “A body of principles recognised and applied by the state in the administration of justice”. The characteristics of legal rules are as follows: compliance is compulsory, it is imposed on all and must be obeyed. Another characteristic of the law is that a breach will result in state sanctions and penalties or the D paying compensation to the C if their rights have been breached. Finally, another characteristic is that legal rules take effect at a specific time.

Question 7

Law and morality- paragraph 2

Answer 7

• Phillip Harris defined Morals as “A set of beliefs, values, principles, and standards of behaviour”- they are what an individual deems as right or wrong. One characteristic of moral rules is that, unlike legal rules, compliance is not compulsory, and a person’s morals are usually influenced by societal pressures. Another characteristic is people

Question 8

Law and Morality Paragraph 3 part 1- Lord Devlin

Answer 8

• With regard t if the law should enforce morality there are many famous academics who would disagree with this statement, however, others support it. For example, Lord Devlin Believes that the law should be based entirely on moral code, as this is what holds society together. He argued that society should have a basic agreement of morality that is protected and enforced in the law.

Question 9

Law and Morality- paragraph 3 part 2- Professor Hart

Answer 9

• However, Professor Hart argued that it is unacceptable for the law to enforce morality, as it would freeze morality in time. He also stressed that the law should allow people to be free to do as they wish unless this freedom brings harm to others.