contact theory generally - definitions etc

Question 1

traditional is

Answer 1

certain

Question 2

global is

Answer 2

fair

Question 3

what us certainty

Answer 3

encourages a rigid view of making and holding a promise

Question 4

what does certainty help the courts with

Answer 4

means they arent making individual value judgements, easier to interpret a rule break than a specific understating of interpretation dispute

Question 5

what does certainty promote and what does this in turn help

Answer 5

it promotes efficiency and clarity in transaction which is intern good for the economy

Question 6

what is fairness

Answer 6

representing the subjective intentions of the parties

Question 7

why is fairness supposedly better

Answer 7

better to give effect to actual realities and expectations, commercial sense and context are always a part of contracts

Question 8

if contact laws purpose is certainty then

Answer 8

it promote efficient markets, requiring certain and predictable rules

Question 9

if contract laws purpose is fairness then

Answer 9

it uphold individual autonomy and gives effect to the parties actual intentions not just what is written in the contract