contract theory John smilie

Question 1

what did John support

Answer 1

Supported certainty

Question 2

authors view was that the purpose of contract law is to

Answer 2

promote contracting.

Question 3

John Thinks that contract law is a social good, therefore the rules of contract law should be

Answer 3

whatever encourages people to keep contracting.

Question 4

In order to promote contracting….

Answer 4

contract law needs to be certain and predictable - because so people know where they stand

Question 5

what would happen without certainty and fairness

Answer 5

• Increases litigation - clogs the courts

Question 6

In order to encourage people to negotiate exchanges of promises as to their future conduct they must be able to

Answer 6

know with confidence where and when they are legally bound - therefore the requirements of a contract must be clear and objectively applied.

Question 7

what did ruxley say

Answer 7

if parties can’t predict how much they might owe if they breach a contract, it could deter people from entering into contracts

pushed the idea of precedent and basing the cases on the facts and stare decisis

Question 8

how did John criticise ruxley

Answer 8

he said that judging cases based on precedent create uncertainty and makes the law of contract more fluid

Question 9

what did John say in regards to mental distress

Answer 9

Mental distress damages are very subjective, relying on individual circumstances and personal preferences, making them impossible to predict accurately.